1. “Consummation” means the time at which
a customer becomes contractually obligated under a lease agreement with an
option to purchase.

2. “Customer” means a natural person who
leases personal property which is to be used primarily for personal, family or
household purposes pursuant to a lease agreement with an option to purchase.

3. “Lease agreement with an option to
purchase” means an agreement:

(a) For the possession and use of personal
property by a natural person primarily for personal, family or household
purposes, for an initial period of not more than 4 months;

(b) That is automatically renewable with each
payment made after the initial period;

(c) That does not obligate or require the
customer to continue leasing or using the property beyond the initial period;
and

(d) That permits the customer to acquire the
ownership of the property.

4. “Lessor” means a person who regularly
provides the possession and use of property pursuant to a lease agreement with
an option to purchase and to whom rental payments are initially payable as
indicated on the face of the agreement.

1. Except as otherwise provided in
subsection 2, a lease agreement with an option to purchase must contain the
following disclosures, if applicable:

(a) The total number and total amount of all
payments which are necessary to acquire ownership of the leased property, and
the dates on which those payments are due.

(b) A statement that the customer will not own
the leased property until he or she makes all of the payments necessary to
acquire ownership.

(c) A statement that the customer is responsible
for the fair market value of the leased property if it is lost, stolen, damaged
or destroyed.

(d) A brief description of the leased property
which is sufficient to identify the property to the customer and lessor,
including:

(1) The identification number of the
property, if available; and

(2) A statement indicating whether the
property is new or used. It is not a violation of this section to indicate that
new property is used.

(e) A brief description of any damage to the
leased property.

(f) A statement of the price at which the lessor
will sell the leased property to the customer for cash on the date of the
agreement. If at least five items are leased as a set in a single agreement,
the aggregate price of all of the items leased may be indicated.

(g) The total amount of the payments required to
be paid at or before the consummation of the agreement or the delivery of the
leased property, whichever is later.

(h) A statement that the total amount of all
payments required to be paid does not include other fees which may be charged.

(i) A statement of all other fees which may be
charged, including, but not limited to, fees for:

(1) The failure to make timely payments.

(2) Defaulting on the agreement.

(3) Reinstating the agreement.

(4) Returning the leased property to the
lessor.

(j) A summary of the terms of the customer’s
option to purchase the leased property, including a statement that the customer
has the right to purchase the leased property at any time before the
termination of the lease, and the price at which the property may be so
purchased.

(k) A statement identifying the person who is
responsible for maintaining and servicing the property while it is being
leased, and a description of that responsibility.

(l) A statement that if any part of the
manufacturer’s express warranty covers the leased property when the customer
acquires ownership of the property, it will be transferred to the customer if
allowed by the terms of the warranty.

(m) The date of the transaction and the names of
the customer and lessor.

(n) A statement that the customer may terminate
the agreement without penalty by voluntarily surrendering or returning the leased
property in good repair at the expiration of the term of the lease, and paying
any rental payments that are past due.

(o) A notice of the customer’s right to reinstate
the agreement pursuant to NRS 597.070.

2. A lessor is not required to comply with
the provisions of this section if the transaction is governed by Part E of the
Consumer Credit Protection Act, 15 U.S.C. §§ 1667 to 1667e, inclusive, and the
lessor complies with the requirements of those sections and the regulations
adopted pursuant thereto.

3. The lessor shall provide the customer
with a copy of the lease agreement with an option to purchase.

(a) At or before the consummation of the lease
agreement with an option to purchase; and

(b) Clearly and conspicuously in writing on the
face of the agreement, directly above the line for the customer’s signature.

2. In a transaction involving more than
one lessor, only one lessor is required to make the required disclosures, but
all lessors are bound by those disclosures.

3. If a disclosure becomes inaccurate
after it is delivered to the customer because of an act or omission of the
customer, the resulting inaccuracy is not a violation of the provisions of NRS 597.010 to 597.110,
inclusive.

1. A customer who fails to make a timely
payment may reinstate the lease agreement with an option to purchase without
losing any rights or options contained in the agreement if the customer pays to
the lessor:

(a) All payments that are past due;

(b) The reasonable costs of returning the
property to the lessor and redelivering it to the customer, if the leased
property has been returned to the lessor; and

(c) Any applicable fee for making a late payment.

2. The payments required to be made by
subsection 1 must be made within:

(a) Five days after the date for renewing the
agreement if the customer’s payments are required to be made monthly; or

(b) Two days after the date for renewing the
agreement if the customer’s payments are required to be made more frequently.

3. If a customer has paid less than
two-thirds of the total amount of the payments necessary to acquire ownership
of the leased property and, during the time set forth in subsection 2, returns
or voluntarily surrenders the property to the lessor, other than pursuant to a
judicial order, the customer may reinstate the agreement within 21 days after
the date on which the property was returned.

4. If a customer has paid at least
two-thirds of the total amount of the payments necessary to acquire ownership
of the leased property and, during the time set forth in subsection 2, returns
or voluntarily surrenders the property to the lessor, other than pursuant to a
judicial order, the customer may reinstate the agreement within 45 days after
the date on which the property was returned.

5. This section does not prohibit a lessor
from repossessing the leased property during the time allowed for
reinstatement. If the lessor repossesses the leased property during that time:

(a) The repossession does not affect the
customer’s right to reinstate the agreement.

(b) The lessor shall return the property to the
customer or provide the customer with property which is of comparable quality
and in comparable condition if the agreement is reinstated.

1. An advertisement for a lease agreement
with an option to purchase that refers to or states the amount of any required
payment and the right to acquire ownership of any individual item of property
must clearly and conspicuously indicate:

(a) That the transaction advertised is a lease
agreement with an option to purchase;

(b) The total amount of payments necessary to
acquire ownership of the property; and

(c) That the customer does not acquire ownership
of the property if the total amount of payments is not paid.

2. This section does not apply to an
advertisement for a lease agreement with an option to purchase which is
published in a telephone or business directory.

3. This section does not create any
liability for the acts of a publisher, owner, agent or employee of a newspaper,
magazine, periodical, radio station, television station or other advertising
medium for the publication or dissemination of an advertisement for a lease
agreement with an option to purchase if the publisher, owner, agent or employee
did not know that the advertisement violated the provisions of this section.

4. As used in this section,
“advertisement” means the attempt by publication, dissemination, solicitation
or circulation to induce, directly or indirectly, any person to enter into a
lease agreement with an option to purchase.

NRS 597.110Civil penalty.Unless
the lease agreement with an option to purchase provides otherwise:

1. In addition to any penalty imposed
pursuant to NRS 597.100, the lessor or his or her assignee
is liable, except as otherwise provided in subsection 3, in civil suit to the
customer for an amount equal to the actual damages resulting from a violation
of a provision of NRS 597.010 to 597.110, inclusive, or 25 percent of the total cost to
acquire ownership of the property under the lease agreement, whichever amount
is greater. The court shall award the prevailing party in such an action
attorney’s fees and his or her costs of the action.

2. If the lessor commences a civil suit to
enforce such a lease agreement, the customer may set off or counterclaim
damages in the amount specified in subsection 1 for such a violation.

3. Such a civil penalty may not be imposed
upon a lessor or his or her assignee unless:

(a) The customer has notified the lessor or, if
applicable, his or her assignee in writing of the alleged violation; and

(b) The lessor or assignee does not correct the
violation, if any, within 30 days after receiving the notice.

NRS 597.112Definitions.As
used in NRS 597.112 to 597.118,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 597.1123 to 597.114,
inclusive, have the meanings ascribed to them in those sections.

NRS 597.1133 “Net price” defined.“Net
price” means the price set forth in the price list or catalog of a supplier
which is in effect when a dealer agreement is terminated, less any applicable
trade or cash discounts.

NRS 597.1137 “Superseded part” and “superseded repair part” defined.“Superseded part” or “superseded repair part”
means a part which has an equivalent function of a part which is available on
the date of the termination of a dealer agreement.

NRS 597.1143Dealer agreement: Termination, failure to renew or substantial
change of terms for good cause.

1. A supplier shall not terminate, fail to
renew or substantially change the terms of a dealer agreement without good
cause.

2. Except as otherwise provided in this
section, a supplier may terminate or refuse to renew a dealer agreement for
good cause if the supplier provides to the dealer a written notice setting
forth the reasons for the termination or nonrenewal of the dealer agreement at
least 180 days before the termination or nonrenewal of the dealer agreement.

3. A supplier shall include in the written
notice required by subsection 2 an explanation of the deficiencies of the
dealer and the manner in which those deficiencies must be corrected. If the
dealer corrects the deficiencies set forth in the notice within 60 days after
he or she receives the notice, the supplier shall not terminate or fail to
renew the dealer agreement for the reasons set forth in the notice.

4. A supplier shall not terminate or
refuse to renew a dealer agreement based solely on the failure of the dealer to
comply with the requirements of the dealer agreement concerning the share of
the market the dealer was required to obtain unless the supplier has, for not
less than 1 year, provided assistance to the dealer in the dealer’s effort to obtain
the required share of the market.

5. A supplier is not required to comply
with the provisions of subsections 2 and 3 if the supplier terminates or
refuses to renew a dealer agreement for any reason set forth in paragraphs (b)
to (i), inclusive, of subsection 6.

6. As used in this section, “good cause”
means:

(a) A dealer fails to comply with the terms of a
dealer agreement, if the terms are not substantially different from the terms
required for other dealers in this State or any other state;

(b) A closeout or sale of a substantial part of
the business assets of a dealer or a commencement of the dissolution or
liquidation of the business assets of the dealer;

(c) A dealer changes its principal place of
business or adds other places of business without the prior approval of the
supplier, which may not be unreasonably withheld;

(d) A dealer substantially defaults under a
chattel mortgage or other security agreement between the dealer and the
supplier;

(e) A guarantee of a present or future obligation
of a dealer to the supplier is revoked or discontinued;

(f) A dealer fails to operate in the normal
course of business for at least 7 consecutive days;

(g) A dealer abandons the dealership;

(h) A dealer pleads guilty or guilty but mentally
ill to, or is convicted of, a felony affecting the business relationship
between the dealer and supplier; or

(i) A dealer transfers a financial interest in
the dealership, a person who has a substantial financial interest in the
ownership or control of the dealership dies or withdraws from the dealership,
or the financial interest of a partner or major shareholder in the dealership
is substantially reduced.

Ê For the
purposes of this section, good cause does not exist if the supplier consents to
any action described in this section.

NRS 597.1147Return of surplus parts to supplier; credit for returned parts.

1. Each year a supplier shall allow each
dealer with whom it has entered into a dealer agreement to return to the
supplier for credit a portion of the surplus parts in the dealer’s inventory.

2. A supplier shall notify each dealer of
the period it has designated for that dealer to submit a list of the surplus
parts the dealer wishes to return and for that dealer to return the surplus parts
to the supplier. The period designated for each dealer for the return of
surplus parts must not be less than 90 days.

3. If a supplier fails to notify a dealer
of the period during which the dealer may return surplus parts within the
preceding 12 months, the supplier shall authorize the return of a dealer’s
surplus parts within 60 days after the supplier receives a request from the
dealer to return the surplus parts.

4. A dealer may return surplus parts equal
to not more than 10 percent of the value of the parts purchased by the dealer
from the supplier during:

(a) The 12-month period immediately preceding the
notice provided to the dealer by the supplier pursuant to subsection 2; or

(b) The month the supplier receives a request
from a dealer pursuant to subsection 3 to return surplus parts to the supplier,

Ê whichever is
applicable.

5. Any part included in the supplier’s
list of returnable parts or any superseded part that is not eligible for return
to the supplier on the date the supplier provides notice to the dealer pursuant
to subsection 2 or the date the supplier receives the dealer’s request pursuant
to subsection 3, whichever is applicable, is eligible for credit as a returned
surplus part. A part which is returned must be in new and undamaged condition
and must have been purchased by the dealer from the supplier to whom it is
returned.

6. The minimum credit allowed for a
returned part is 95 percent of the net price, as set forth in the supplier’s
list of returnable parts on the date the supplier provides notice to the dealer
pursuant to subsection 2 or the date the supplier receives the dealer’s request
pursuant to subsection 3, whichever is applicable.

7. All applicable credit for the returned
parts must be issued or provided to the dealer within 90 days after the
supplier receives the dealer’s returned surplus parts.

8. The provisions of this section:

(a) Do not apply to a supplier that has
established a program for its dealers for the return of surplus repair parts if
the program provides credit of not less than 85 percent of the net price for
the returned repair parts;

(b) Do not prohibit a supplier from charging a
dealer’s account for the amounts previously paid or credited by the supplier as
a discount incident to the dealer’s purchase of goods; and

(c) Do not require a dealer to return for credit
surplus parts to a supplier.

1. Require a dealer to accept delivery of
equipment, parts or accessories which the dealer has not ordered unless the
equipment, parts or accessories are required by the supplier for the safe use
of any inventory provided to the dealer by the supplier;

2. Condition the sale of any equipment to
a dealer upon the purchase of additional goods or services, except that a
supplier may require a dealer to purchase those parts which are necessary to
maintain the equipment used in the area where the dealership is located;

3. Prohibit a dealer from purchasing
equipment manufactured by another supplier; or

4. Terminate, fail to renew or
substantially change the terms of a dealer agreement because of a natural
disaster, including a drought in the market area of the dealership, a labor
dispute or any other similar circumstances which are beyond the control of the
dealer.

NRS 597.1153Repurchase of inventory and equipment by supplier upon
termination of dealer agreement.

1. Except as otherwise provided in this
section, upon the termination of a dealer agreement by a supplier or dealer,
the supplier shall repurchase the inventory held by the dealer on the date of
the termination of the dealer agreement.

2. A supplier who repurchases the
inventory of a dealer pursuant to subsection 1 shall:

(a) Pay the dealer:

(1) One hundred percent of the net price
of all new and undamaged inventory; and

(2) Ninety-five percent of the net price
of new and undamaged superseded repair parts.

(b) Except as otherwise provided in this
paragraph, pay the dealer an amount equal to 5 percent of the net price of all
new and undamaged repair parts returned to the supplier to cover the cost
incurred by the dealer for handling, packing and shipping the superseded repair
parts to the supplier. If the supplier handles, packs and ships the superseded
repair parts, the dealer is not entitled to receive any money for those
services which the supplier performed.

(c) Purchase, at its depreciated value, any
computers, software or telecommunications equipment that the supplier required
the dealer to purchase within the previous 5 years.

(d) Repurchase, at 75 percent of the net cost,
any specialized repair tools purchased if those tools are:

(1) Included in the tool catalog of the
supplier;

(2) Purchased in accordance with the
requirements of the supplier;

(3) Held by the dealer on the date of the
termination of the dealer agreement; and

(4) Complete and in resalable condition.

(e) Repurchase any inventory which is owned by
the supplier and leased, rented or used in demonstrations by the dealer if the
supplier receives an allowance based on the use of such inventory. Inventory
which is used in demonstrations for not more than a total of 50 hours shall be
deemed new inventory. Inventory which is used in demonstrations for more than
50 hours and purchased from the supplier less than 36 months before the
termination of the dealer’s agreement must be repurchased at its depreciated
value, as determined by the supplier and dealer.

3. If the dealer agreement authorizes the
dealer to retain the inventory upon the termination of the dealer agreement,
the dealer may retain any portion of the inventory, except any specialized
tools described in paragraph (d) of subsection 2 which the supplier wishes to
repurchase from the dealer.

4. If the dealer owes any outstanding
debts to the supplier, the amount of the repurchase of the inventory may be set
off or credited to the account of the dealer.

5. Upon payment to the dealer of the
amount for the repurchase of the inventory pursuant to this section, the title
and right of possession to the inventory transfers to the supplier.

1. At the end of each year after the
termination of a dealer agreement, a dealer’s reserve account for recourse,
retail sale or lease contracts may not be debited by a supplier or lender for
any deficiency unless the dealer is given written notice of at least 7 business
days by certified or registered mail, return receipt requested, of any proposed
sale of the inventory which was financed and an opportunity to purchase the
inventory.

2. The dealer must be given quarterly
reports concerning any remaining outstanding recourse contracts. As the
recourse contracts are reduced, any money in the reserve account must be
returned to the dealer in direct proportion to the liabilities outstanding.

NRS 597.1163Failure of supplier to repurchase inventory.If a supplier fails or refuses to repurchase
and pay a dealer for any inventory the supplier is required to repurchase in
accordance with the provisions of NRS 597.112 to 597.118, inclusive, within 60 days after shipment of
the inventory to the supplier, the supplier is liable for:

1. An amount equal to 100 percent of the
net price of the inventory;

2. Any shipping charges paid by the
dealer;

3. Attorney’s fees and court costs; and

4. An amount equal to the interest on the
amount of the net price calculated at the legal rate of interest from the 61st
day after the date of the shipment of the inventory to the supplier.

1. Upon the death of a dealer or the
majority shareholder of a corporation which operates as a dealer, the supplier
shall, upon the approval or request of the devisee or heir of the dealer or
majority shareholder, repurchase the inventory of the dealer in the manner
prescribed in NRS 597.1153.

2. The devisee or heir shall, within 1
year after the death of the dealer or majority stockholder, notify the supplier
whether the supplier will be required to repurchase the inventory of the
dealer.

3. A supplier is not required to
repurchase the inventory of the dealer if the devisee or heir and the supplier
enter into a new dealer agreement to operate the dealership.

4. This section does not authorize any
person, including a devisee or heir, to operate a dealership without the
written approval of the supplier.

5. An agreement executed by the supplier
and dealer that sets forth the rights relating to succession to the operation
of the dealership is enforceable without regard to the person who is designated
as the successor to the dealership.

NRS 597.117Security interest of supplier in inventory; inspection of
inventory before shipment.The
provisions of NRS 597.112 to 597.118,
inclusive, do not affect any security interest which a supplier has in the
inventory of a dealer. The dealer and supplier shall each provide a
representative to inspect the inventory and certify its acceptability when
packaged for shipment. The failure of the supplier to provide a representative
for the inspection within 60 days shall be deemed acceptance by the supplier of
the inventory returned to the supplier.

1. A dealer may bring a civil action for
damages in a court of competent jurisdiction against a supplier who violates
any of the provisions of NRS 597.112 to 597.118, inclusive, and may recover damages incurred
as a result of any violation committed by the supplier, including costs and
attorney’s fees.

2. A dealer may apply for injunctive
relief for the unlawful termination, nonrenewal or substantial change of the
terms of a dealer agreement.

3. The remedies provided in this section
are in addition to any other remedies provided by law.

NRS 597.1177Warranty work performed by dealer; payment of warranty claim by
supplier; audit of claim.

1. Except as otherwise provided in this
section, any agreement entered into by a supplier and a dealer concerning
reimbursement for work performed under a warranty, including, without
limitation, a dealer agreement, must comply with the provisions set forth in
this section.

2. A supplier who authorizes a dealer to
perform work under a warranty shall reimburse a dealer who submits a warranty
claim for such work. A dealer may submit a warranty claim to a supplier:

(a) During the period the dealer agreement is in
effect; or

(b) After the termination of a dealer agreement
if the warranty claim concerns work performed under a warranty during the
period the dealer agreement was in effect.

3. A warranty claim which is submitted to
a supplier must be paid within 30 days after the claim is approved by the
supplier. The supplier shall approve or disapprove a warranty claim or any part
thereof within 30 days after it receives the warranty claim. If the warranty
claim is disapproved, the supplier shall, not later than 30 days after it
receives the warranty claim, send written notice to the dealer setting forth
the reasons for disapproval of the warranty claim. A warranty claim which is
not disapproved by the supplier within the prescribed period shall be deemed approved.

4. The amount of a warranty claim must not
be less than the amount equal to the sum of:

(a) The reasonable and customary time required by
the dealer to complete the work, including diagnostic time, expressed in hours
and fractions of hours, multiplied by the dealer’s hourly retail rate for
labor;

(b) The dealer’s net price for any repair parts
replaced, plus 20 percent of the net price for those parts; and

(c) If a warranty claim concerns repair work for
any equipment which is performed by the dealer in accordance with a safety or
modification order issued by a supplier, the costs incurred by the dealer to
transport to the dealer’s place of business for repair any equipment which is
within the dealer’s service area and subject to a safety or modification order.

5. After a supplier has paid a warranty
claim, the supplier shall not charge back, set off or otherwise attempt to
recover from a dealer any amount of the warranty claim unless:

(a) The warranty claim is fraudulent;

(b) The work was not performed properly or was
not necessary to comply with the requirements of the warranty; or

(c) The dealer did not provide the records for
the warranty claim as required by the agreement for work performed under the
warranty.

6. A supplier shall not require a dealer
to pay the costs incurred by the supplier in paying warranty claims by:

(a) Imposing a surcharge;

(b) Reducing any discounts provided to a dealer;
or

(c) Imposing additional requirements for the
certification of a dealer authorized to perform work under a warranty.

7. Except for a warranty claim where fraud
is alleged, a supplier may not audit the records of a dealer relating to a
warranty claim more than 1 year after the warranty claim is submitted to the
supplier. A supplier may not audit a warranty claim more than once. The
provisions of this subsection do not prohibit a supplier from requesting
additional information from a dealer if the initial audit of the warranty claim
indicates any errors, inconsistencies or fraud.

8. The provisions of this section do not
apply to a written dealer agreement which provides compensation to a dealer for
any labor required to be performed under a warranty before the labor is
performed if the compensation is based on:

(a) A reduction of the price of the equipment sold
to the dealer; or

(b) A lump-sum payment of not less than 5 percent
of the suggested retail price of the equipment.

9. As used in this section:

(a) “Audit” means an examination by a supplier of
the records of a warranty claim submitted by a dealer.

(b) “Net price” means the price a supplier
charges a dealer for a repair part.

(c) “Warranty claim” means a request submitted by
a dealer to a supplier for payment for work performed under a warranty or a
safety or modification order issued by the supplier.

NRS 597.120Definitions.As
used in NRS 597.120 to 597.180,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 597.125 to 597.150,
inclusive, have the meanings ascribed to them in those sections.

NRS 597.130“Franchise” defined.“Franchise”
means a contract or agreement either expressed or implied, whether written or
oral, between a supplier and wholesaler, wherein:

1. A commercial relationship of definite
duration or continuing indefinite duration is involved; and

2. The wholesaler is granted the right to
offer, sell and distribute within this state or any designated area thereof
such of the supplier’s brands of packaged malt beverages, distilled spirits and
wines, or all of them, as may be specified.

(Added to NRS by 1973, 1353)

NRS 597.133“Good cause” defined.“Good
cause” means:

1. Failure by a wholesaler to comply
substantially with essential and reasonable requirements imposed on him or her
by a supplier, or sought to be imposed by a supplier, if the requirements are
not discriminatory as compared with requirements imposed on other similarly suited
wholesalers either by their terms or in the manner of their enforcement.

2. Bad faith by the wholesaler in carrying
out the terms of the franchise agreement.

NRS 597.140“Supplier” defined.“Supplier”
means any person, partnership, corporation or other form of business enterprise
engaged in business as a manufacturer, distiller, rectifier, brewer, importer,
vintner, broker or agent therefor, which distributes any or all of its brands
of malt beverages, distilled spirits and wines, or all of them, through
licensed wholesalers in this state.

(Added to NRS by 1973, 1353)

NRS 597.150“Wholesaler” defined.“Wholesaler”
means any person, partnership, corporation or other form of business enterprise
licensed by the Nevada Tax Commission to sell malt beverages, distilled spirits
and wines, or all of them, as it is originally packaged to retail liquor stores
or to another licensed wholesaler, but not to sell to the consumer or general
public.

1. Except as otherwise provided in
subsection 2, a supplier must, at least 90 days before he or she terminates or
refuses to continue any franchise with a wholesaler or causes a wholesaler to
resign from any franchise, send a notice by certified mail, return receipt
requested, to the wholesaler. The notice must include:

(a) The reason for the proposed action and a
description of any failure of the wholesaler to comply with the terms,
provisions and conditions of the franchise alleged by the supplier pursuant to NRS 597.160; and

(b) A statement that the wholesaler may correct
any such failure within the period prescribed in NRS
597.160.

2. Any action taken by a supplier pursuant
to subsection 1 becomes effective on the date the wholesaler receives the
notice required pursuant to subsection 1 if the wholesaler:

(a) Has had his or her license to sell alcoholic
beverages issued pursuant to state or federal law revoked or suspended for more
than 31 days;

(b) Is insolvent pursuant to 11 U.S.C. § 101;

(c) Has had an order for relief entered against
him or her pursuant to 11 U.S.C. §§ 701 et seq.;

(d) Has had his or her ability to conduct
business substantially affected by a liquidation or dissolution;

(e) Or any other person who has a financial
interest in the wholesaler of not less than 10 percent and is active in the
management of the wholesaler has been convicted of, or has pleaded guilty or
guilty but mentally ill to, a felony and the supplier determines that the
conviction or plea substantially and adversely affects the ability of the
wholesaler to sell the products of the supplier;

(f) Has committed fraud or has made a material
misrepresentation in his or her dealings with the supplier or the products of
the supplier;

(g) Has sold alcoholic beverages which the
wholesaler received from the supplier to:

(1) A retailer who the wholesaler knows or
should know does not have a place of business where the retailer is entitled to
sell alcoholic beverages within the marketing area of the wholesaler; or

(2) Any person who the wholesaler knows or
should know sells or supplies alcoholic beverages to any retailer who does not
have a place of business where the retailer is entitled to sell alcoholic
beverages within the marketing area of the wholesaler;

(h) Has failed to pay for any product ordered and
delivered pursuant to the provisions of an agreement between the supplier and
wholesaler within 7 business days after the supplier sends to the wholesaler a
written notice which includes a statement that the wholesaler has failed to pay
for the product and a demand for immediate payment;

(i) Has made an assignment for the benefit of
creditors or a similar disposition of substantially all the assets of his or
her franchise;

(j) Or any other person who has a financial
interest in the wholesaler has:

(1) Transferred or attempted to transfer
the assets of the franchise, voting stock of the wholesaler or voting stock of
any parent corporation of the wholesaler; or

(2) Changed or attempted to change the
beneficial ownership or control of any such entity,

Ê unless the
wholesaler first notified the supplier in writing and the supplier has not
unreasonably withheld his or her approval; or

(k) Discontinues selling the products of the
supplier, unless:

(1) The discontinuance is a result of an
accident which the wholesaler was unable to prevent;

(2) The wholesaler has, if applicable,
taken action to correct the condition which caused the accident; and

(3) The wholesaler has notified the
supplier of the accident if he or she has discontinued selling the products of
the supplier for more than 10 days.

NRS 597.157Transfer of stock or assets or change in ownership or control of
wholesaler: Supplier shall not unreasonably withhold or delay approval;
liability of supplier; agreement to modify void.

1. A supplier shall not unreasonably
withhold or delay approval of any assignment, sale or transfer of the stock of
a wholesaler or of all or any portion of a wholesaler’s assets, a wholesaler’s
voting stock, the voting stock of any parent corporation or the beneficial
ownership or control of any other entity owning or controlling the wholesaler,
including the wholesaler’s rights and obligations under the terms of a
franchise, whenever a person to be substituted under the terms of the franchise
meets reasonable standards imposed upon the wholesaler and any other wholesaler
of the supplier of the same general class, after consideration of the size and
location of the marketing area of the wholesaler.

2. Upon the death of a partner of a
partnership that operates the business of a wholesaler, a supplier shall not
unreasonably withhold or delay approval of maintaining the franchise between
the supplier and each surviving partner.

3. Upon the death of any owner,
controlling shareholder or operator of a wholesaler, a supplier shall not deny
approval of any transfer of ownership to a surviving spouse, child or
grandchild of the owner who has reached the age of majority at the time of
death, controlling shareholder or operator. Any subsequent transfer of
ownership by the spouse, child, grandchild, controlling shareholder or operator
is subject to the provisions of subsection 1.

4. In addition to the provisions of NRS 597.170, a supplier who unreasonably delays or
withholds consent or unreasonably denies approval of a sale, transfer or
assignment of any ownership interest in a wholesaler is liable to the
wholesaler for the laid-in costs of inventory of each affected brand of liquor
and any diminution in the fair market value of the business of the wholesaler
in relation to each affected brand. The damages recoverable pursuant to this
section include, without limitation, all reasonable costs of bringing the
action and attorney’s fees. For the purpose of this subsection, the fair market
value of a business of a wholesaler includes, without limitation, the good will
of the business and its value as a going concern, if any.

5. The provisions of this section may not
be modified by agreement. Any provision in an agreement is void if the
provision includes such a modification.

NRS 597.160Prohibited acts by supplier; exceptions; correction by
wholesaler of alleged failure to comply with franchise.

1. Except as otherwise provided in
subsection 4, if more than one franchise for the same brand or brands of malt
beverages, distilled spirits and wines, or all of them, is granted to different
wholesalers in this state, it is a violation of NRS
597.120 to 597.180, inclusive, for any supplier
to discriminate between such wholesalers with respect to any of the terms,
provisions and conditions of these franchises.

2. Except as otherwise provided in this
subsection and notwithstanding the terms, provisions or conditions of any
franchise, a supplier shall not unilaterally terminate or refuse to continue
any franchise with a wholesaler or cause a wholesaler to resign from that
franchise unless the supplier has first established good cause for that
termination, noncontinuance or causing of that resignation. This subsection
does not apply to a supplier who sells less than 2,000 barrels of malt beverages,
less than 250 cases of distilled spirits or less than 2,000 cases of wine in
this state in any calendar year, or who operates a winery pursuant to NRS 597.240.

3. A wholesaler may, within 60 days after
he or she receives a notice required pursuant to NRS
597.155, correct any failure to comply with the terms, provisions and
conditions of the franchise alleged by the supplier.

4. Unless otherwise specified by contract
between the supplier and wholesaler, a supplier shall not grant more than one
franchise to a wholesaler for any brand of alcoholic beverage in a marketing
area.

1. Prohibit a wholesaler from selling an
alcoholic beverage of any other supplier;

2. Fix or maintain the price at which a
wholesaler may resell an alcoholic beverage purchased from the supplier;

3. Require a wholesaler to pay to the
supplier all or any portion of the difference in the suggested retail price of
an alcoholic beverage and the actual price at which the wholesaler sells the
alcoholic beverage;

4. Require a wholesaler to accept delivery
of any alcoholic beverage or any other item that is not voluntarily ordered by
the wholesaler or otherwise not required under the franchise between the
supplier and wholesaler or is in violation of any levels of inventory that are
mutually agreed upon in writing by the supplier and wholesaler;

5. Prohibit or restrain, directly or
indirectly, a wholesaler from participating in an organization that represents
the interests of wholesalers for any lawful purpose; or

6. Require a wholesaler to participate in
or contribute to any advertising fund or promotional activity that:

(a) Is not used for advertising or a promotional
activity in the marketing area of the wholesaler; or

(b) Requires a contribution by the wholesaler
that exceeds any amount specified for that purpose in the franchise.

NRS 597.165Requiring wholesaler to increase payment for product prohibited
after delivery by supplier.A
supplier shall not require a wholesaler to increase his or her payment to the
supplier for any product of that supplier after the product is delivered to the
wholesaler.

1. Any wholesaler may bring an action in a
court of competent jurisdiction against a supplier for violation of NRS 597.120 to 597.180,
inclusive, and may recover the damages sustained by the wholesaler, together
with such costs of the action and reasonable attorney’s fees as are authorized
under NRS 18.110.

2. The remedies provided in NRS 597.120 to 597.180,
inclusive, are independent of and supplemental to any other remedy or remedies
available to the wholesaler in law or equity.

(Added to NRS by 1973, 1354)

NRS 597.180Action by wholesaler: Defense by supplier.In any action brought by a wholesaler against
a supplier for termination or noncontinuance of, or causing to resign from a
franchise in violation of NRS 597.120 to 597.180, inclusive, the supplier has the burden of
establishing that he or she acted for good cause and that the wholesaler did
not act in good faith. It is a complete defense for the supplier to prove that
the termination, noncontinuance or causing to resign was done in good faith and
for good cause.

NRS 597.190Statement of legislative policy.It
is the policy of the Legislature to insure the orderly distribution and
marketing of alcoholic beverages in this state in order to protect locally
owned and operated business enterprises and those residents whose livelihoods
and investments are dependent on their freedom to manage their businesses
without economic and coercive control by nonresident suppliers of alcoholic
beverages.

NRS 597.210Limitations on engaging in business of importing, wholesaling or
retailing alcoholic beverages.

1. Except as otherwise provided in
subsection 2 and NRS 597.240, a person engaged in
business as a supplier or engaged in the business of manufacturing, blending or
bottling alcoholic beverages within or without this State shall not:

(a) Engage in the business of importing,
wholesaling or retailing alcoholic beverages; or

(b) Operate or otherwise locate his or her
business on the premises or property of another person engaged in the business
of importing, wholesaling or retailing alcoholic beverages.

2. This section does not:

(a) Preclude any person engaged in the business
of importing, wholesaling or retailing alcoholic beverages from owning less
than 2 percent of the outstanding ownership equity in any organization which
manufactures, blends or bottles alcoholic beverages.

(b) Prohibit a person engaged in the business of
rectifying or bottling alcoholic beverages from importing neutral or distilled
spirits in bulk only for the express purpose of rectification pursuant to NRS 369.415.

(c) Prohibit a person from operating a brew pub
pursuant to NRS 597.230.

NRS 597.220Importer or wholesaler may not engage in business of retailing
alcoholic beverages.

1. Except as otherwise provided in NRS 597.235, a person who is engaged in the business
of importing or wholesaling alcoholic beverages in the State of Nevada shall
not:

(a) Engage in the business of retailing alcoholic
beverages in this state; or

(b) Operate or otherwise locate his or her
business on the premises or other property of any supplier.

2. For the purposes of this section, a
person who transfers or receives alcoholic beverages in the manner described in
NRS 369.4865 must not be considered to
be engaged in the business of wholesaling alcoholic beverages based solely upon
those transfers.

NRS 597.225Requirements to serve samples of alcoholic beverages on premises
of grocery store.

1. A person who operates a grocery store
may serve samples of alcoholic beverages on the premises of the grocery store
if the person:

(a) Is licensed to sell, at retail, alcoholic
beverages on the premises of the grocery store;

(b) Obtains an annual permit to serve such
samples from the local governing body that has jurisdiction to license and
regulate the sale of alcoholic beverages on the premises of the grocery store;

(c) Purchases any alcoholic beverages used for
such samples from a wholesale dealer of alcoholic beverages who is licensed
under chapter 369 of NRS; and

(d) Complies with the requirements of this
section.

2. A person who holds an annual permit
issued pursuant to this section may serve samples of alcoholic beverages on the
premises of the grocery store only to persons of legal age and only in such
quantities as are necessary to provide a sample or taste of the alcoholic
beverages.

3. Notwithstanding any other provision of
law, a supplier, manufacturer, importer or wholesale dealer of alcoholic
beverages may assist a person who operates a grocery store in serving samples
of alcoholic beverages pursuant to this section. The assistance authorized by
this subsection is limited to the pouring of such samples or the provision of
information, instruction or education regarding the product being sampled, or
any combination of those tasks. The provision of such assistance does not
relieve the person who operates the grocery store from the responsibility of
complying with all the requirements of this section.

4. A local governing body may adopt
reasonable restrictions regarding the time, place, manner and frequency of the
activities authorized by this section. Such restrictions must not prohibit or
unreasonably interfere with the activities authorized by this section.

5. A person who serves samples of
alcoholic beverages on the premises of a grocery store in violation of any
provision of this section is guilty of a misdemeanor.

6. This section preempts any local
charter, code, ordinance or regulation that is in conflict with the purposes
and objectives of this section.

7. A local governing body may not charge
any fee for issuing an annual permit pursuant to this section.

8. As used in this section:

(a) “Convenience store” means a store which is
principally devoted to providing the public with a convenient location to
purchase consumable products quickly and in which the area open to the public
is less than 5,000 square feet.

(b) “Grocery store” means a store which is
principally devoted to the sale of food for human consumption off the premises
or which derives a substantial amount of its gross revenue from the sale of
food for human consumption off the premises, regardless of whether the store is
also devoted to or derives gross revenue from the sale of nonfood items. The
term does not include:

(1) A convenience store.

(2) A store at which the sale of food for
human consumption off the premises is incidental to the principal purpose of
the store.

(a) In any redevelopment area established in that
county pursuant to chapter 279 of NRS;

(b) In any historic district established in that
county pursuant to NRS 384.005;

(c) In any retail liquor store as that term is
defined in NRS 369.090; or

(d) In any other area in the county designated by
the board of county commissioners for the operation of brew pubs. In a city
which is located in that county, a person may operate a brew pub in any area in
the city designated by the governing body of that city for the operation of
brew pubs.

Ê A person who
operates one or more brew pubs may not manufacture more than 15,000 barrels of
malt beverages for all the brew pubs he or she operates in that county in any
calendar year.

2. The premises of any brew pub operated
pursuant to this section must be conspicuously identified as a “brew pub.”

3. A person who operates a brew pub
pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other
applicable governmental requirements:

(a) Manufacture and store malt beverages on the
premises of the brew pub and:

(1) Sell and transport the malt beverages
manufactured on the premises to a person holding a valid wholesale wine and
liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS.

(2) Donate for charitable or nonprofit
purposes and transport the malt beverages manufactured on the premises in
accordance with the terms and conditions of a special permit for the
transportation of the malt beverages obtained from the Department of Taxation
pursuant to subsection 4 of NRS 369.450.

(b) Sell at retail malt beverages manufactured on
or off the premises of the brew pub for consumption on the premises.

(c) Sell at retail in packages sealed on the
premises of the brew pub, malt beverages, including malt beverages in
unpasteurized form, manufactured on the premises for consumption off the
premises.

(a) Obtains a license for the facility pursuant
to chapter 369 of NRS;

(b) Complies with the requirements of this
chapter; and

(c) Complies with any other applicable
governmental requirements.

2. A person who operates a craft
distillery pursuant to this section may:

(a) In addition to manufacturing spirits from
agricultural raw materials through distillation, blend, age, store and bottle
the spirits so manufactured. The person operating the craft distillery shall
ensure that none of the spirits manufactured at the craft distillery are
derived from neutral or distilled spirits manufactured by another manufacturer.

(b) In any calendar year, sell and transport in
Nevada not more than a combined total of 10,000 cases of spirits at all the
craft distilleries the person operates to a person who holds a license to
engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.

(c) In any calendar year, manufacture for
exportation to another state, not more than a combined total of 20,000 cases of
spirits at all the craft distilleries the person operates.

(d) On the premises of the craft distillery,
serve samples of the spirits manufactured at the craft distillery. Any such
samples must not exceed, per person, per day, 2 fluid ounces in volume.

(e) On the premises of the craft distillery, sell
the spirits manufactured at the craft distillery at retail for consumption on
or off the premises. Any such spirits sold at retail for off-premises
consumption must not exceed, per person, per month, 2 bottles of spirits.
Spirits purchased on the premises of a craft distillery must not be resold by
the purchaser or any retail liquor store.

1. A winery located in a county whose
population is 100,000 or less, if it is federally bonded, may:

(a) Import wine or juice from a bonded winery in
another state, to be fermented into wine or, if already fermented, to be mixed
with other wine or aged in a suitable cellar, or both.

(b) Sell at retail or serve by the glass, on its
premises and at one other location, wine produced, blended or aged by the
winery. The amount of wine sold at a location other than on the premises of the
winery may not exceed 50 percent of the total volume of the wine sold by the
winery.

(c) Serve by the glass, on its premises, any alcoholic
beverage.

2. For the purposes of this section, an
instructional wine-making facility is not a winery. This section does not
prohibit a person from operating an instructional wine-making facility in any
county.

1. A person may operate an instructional
wine-making facility if the person:

(a) Obtains a license for the facility pursuant
to chapter 369 of NRS;

(b) Complies with the requirements of this
section; and

(c) Complies with any other applicable
governmental requirements for the operation of such a facility, including,
without limitation, compliance with all applicable federal bonding, permitting
and other requirements for the production, blending, treatment, storage and
bottling of wine.

2. A person who is licensed to operate an
instructional wine-making facility may:

(a) Engage in the process of wine making on the
premises of the facility;

(b) Charge a fee to other persons of legal age
for the purpose of providing those persons with instruction and the opportunity
to participate directly in the process of wine making on the premises of the
facility; and

(c) Serve wine produced on the premises of the
facility by the glass for consumption on the premises of the facility.

3. Wine produced on the premises of an
instructional wine-making facility must be:

(a) Used, consumed or disposed of on the premises
of the facility; or

(b) Distributed from the facility to a person of
legal age who has participated directly in the process of wine making on the
premises of the facility for the person’s own household or personal use. That
person:

(1) May distribute the wine to any other
person of legal age as a gift.

(2) Shall not remove from the facility:

(I) Any wine other than that which
the person participated directly in the process of making on the premises of
the facility.

(II) More than 60 gallons of wine
during any period of 12 months.

4. Except as otherwise permitted by this
section, if a person knows or reasonably should know that wine was produced on
the premises of an instructional wine-making facility, the person shall not:

(a) Directly or indirectly or through any other
person, sell, offer to sell or solicit the purchase or sale of such wine at
wholesale or retail; or

(b) Use such wine for any purpose other than for
the person’s own household or personal use.

5. A person who violates any provision of
this section is guilty of a misdemeanor.

6. As used in this section:

(a) “Instructional wine-making facility” means
any facility that, for a fee, provides a person of legal age with instruction
and the opportunity to participate directly in the process of wine making on
the premises of the facility. The term does not include:

(1) A wine maker or winery that is
licensed pursuant to chapter 369 of NRS.

(2) A university, state college or
community college that is part of the Nevada System of Higher Education or any
other postsecondary educational institution that is licensed by a federal or
state agency and is accredited by a nationally recognized educational accrediting
association.

(b) “Process of wine making” means the usual and
customary steps taken to produce wine. Such steps may include, without
limitation:

1. It is unlawful for a retailer of
alcoholic beverages to substitute one brand of alcoholic beverage for a brand
that has been specifically requested by the customer, unless the customer
consents to the substitution. Any violation of this subsection by an employee
must be attributed to the retailer.

2. A retailer who violates the provisions
of subsection 1:

(a) For the first offense, is guilty of a
misdemeanor and shall be fined an amount not to exceed $1,000, plus the costs
of prosecution. No sentence of incarceration may be imposed.

(b) For the second offense, is guilty of a gross
misdemeanor and shall be fined an amount not to exceed $2,000, plus the costs
of prosecution. No sentence of incarceration may be imposed.

(c) For a third or subsequent offense, is guilty
of a gross misdemeanor and shall be fined an amount equal to the costs of
prosecution. The court shall impose no other criminal penalty, but shall,
within 5 working days after the conviction, issue an order revoking the license
to sell intoxicating liquor of the business and forward a certified copy of the
order to the liquor board of county or governing body of the city, as
applicable, which licensed the sale of liquor at the retailer’s place of business.
The board shall not reissue such a license for that place of business for a
period of at least 1 year.

3. In addition to the criminal penalties
set forth in this section, the retailer, upon conviction, is liable in civil
suit to the customer and to the supplier and wholesaler of the requested
alcoholic beverage for the damages which result from the substitution. The
court shall award the prevailing party in such an action attorney’s fees and
his or her costs of the action.

4. As used in this section:

(a) “Alcoholic beverage” has the meaning ascribed
to it in NRS 202.015.

(b) “Retailer” means the owner of a business
where alcoholic beverages are sold by the drink. The term includes any person
employed by the owner.

NRS 597.262Enforcement by Attorney General and district attorneys;
exceptions.

1. Except as otherwise provided in this
section and NRS 228.380, the Attorney
General has primary jurisdiction to enforce the provisions of NRS 597.120 to 597.260,
inclusive, and shall cause appropriate legal action to be taken to enforce
those provisions.

2. The Attorney General has concurrent
jurisdiction with the district attorneys of this State to enforce the
provisions of NRS 597.225 and 597.245.

3. This section does not prohibit:

(a) A wholesaler from bringing an action against
a supplier pursuant to NRS 597.157 or 597.170.

(b) A customer, supplier or wholesaler from
bringing an action against a retailer pursuant to NRS
597.260.

NRS 597.264Definitions.As
used in NRS 597.264 to 597.2667,
inclusive, unless the context otherwise requires the words and terms defined in
NRS 597.2643 to 597.265,
inclusive, have the meanings ascribed to them in those sections.

NRS 597.2643“Assistive device” defined.“Assistive
device” means a device purchased or accepted for delivery in this state that
enhances the ability of a person to perform a major life activity, including,
but not limited to:

1. Manual or motorized wheelchairs,
scooters and other devices that enhance the ability of a person to move;

2. Hearing aids, devices for
telecommunication and any other devices that enhance the ability of a person to
hear;

3. Voice synthesizers, optical scanners,
Braille printers and any other devices that enhance the ability of a person to
communicate;

4. Light amplifiers, magnification
equipment, Braille equipment and any other devices that enhance the ability of
a person to see; and

5. Any other device that enhances the ability
of a person to move, hear, communicate or see.

NRS 597.265“Manufacturer” defined.“Manufacturer”
means a person who manufactures or assembles assistive devices or an agent of
that person, including an importer or a distributor. The term does not include
a dealer.

NRS 597.2653Manufacturer to provide express warranty for new assistive
device; effective period of warranty; failure to provide warranty.

1. A manufacturer who, directly or through
a dealer, sells or leases to a consumer in this state an assistive device that
has not been previously sold or leased shall provide an express warranty for
that device. The express warranty does not:

(a) Take effect until the consumer takes
possession of the device; and

(b) Expire less than 1 year after the delivery of
the device to the consumer.

2. If a manufacturer fails to provide an
express warranty required by this section, the assistive device shall be deemed
to be covered by the express warranty of the manufacturer.

NRS 597.2655Repair of assistive device not in conformance with express
warranty.If an assistive device
does not conform to the express warranty of the manufacturer and the consumer
reports the nonconformity to the manufacturer or dealer and makes the assistive
device available for repair before the expiration of the express warranty, the
manufacturer or dealer shall make the repairs necessary to conform the
assistive device to the express warranty without regard to whether the repairs
will be made after the expiration of the express warranty.

NRS 597.2657Inability of manufacturer or dealer to conform assistive device
to express warranty after reasonable number of repairs: Replacement or refund;
presumptions.

1. If, after a reasonable number of
repairs, the manufacturer or dealer is unable to conform the assistive device
to the express warranty and the defect or condition causing the nonconformity
substantially impairs the use and value of the assistive device to the consumer
and is not the result of abuse, neglect or unauthorized modifications or
alterations of the assistive device by the consumer, the manufacturer shall:

(a) Replace the assistive device with an
assistive device of the same model and having the same features as the replaced
device, or if such a device cannot be delivered to the consumer within a
reasonable period, a comparable assistive device substantially similar to the
replaced device; or

(b) Accept the return of the assistive device
from the consumer and refund to the consumer, within 30 days after the return
of the device, the purchase price of the device, including all sales taxes and
finance charges paid by the consumer, and any other expenses related to the
purchase and use of the assistive device, less a reasonable allowance for use
of the assistive device. As used in this paragraph “reasonable allowance for
use” means that amount that is directly attributable to the use of the device
by the consumer before his or her first report of the nonconformity to the
manufacturer or dealer and during any subsequent period that the assistive
device is not out of service for repairs.

2. It is presumed that a reasonable number
of repairs have been undertaken to conform an assistive device to an applicable
express warranty if:

(a) The same nonconformity has been subject to
repair three or more times by the manufacturer or dealer within the time the
express warranty is in effect, but the nonconformity continues to exist; or

(b) The assistive device is unavailable for use
by the consumer because of a nonconformity for a cumulative total of 30 days or
more within the period the express warranty is in effect, except that if the
necessary repairs cannot be made for reasons which are beyond the control of
the manufacturer or dealer, the number of days required to give rise to the
presumption must be appropriately extended.

NRS 597.266Manufacturer to reimburse consumer for rental of assistive
device in certain circumstances; action against dealer for failure to deliver
assistive device for repair in timely manner.

1. If an assistive device covered by an
express warranty of a manufacturer is made available for repair pursuant to NRS 597.2655 and:

(a) The device is not repaired within 10 working
days, including the day on which the assistive device is made available for
repair; or

(b) The defect or malfunction that is the cause
of nonconformity is the same defect or malfunction for which the assistive
device has been made available for repair two or more times,

Ê the
manufacturer shall provide to the consumer, for the duration of the period of
repair, a reimbursement of not more than $30 each day for the rental of an
assistive device.

2. If a dealer does not deliver the
assistive device to the manufacturer in a timely manner that allows the
manufacturer to repair the device within 10 working days, the manufacturer may
bring an action against the dealer for reimbursement of any money that the
manufacturer is required to pay to a consumer pursuant to subsection 1.

NRS 597.2663Sale or lease of returned assistive device prohibited unless
reason for return disclosed to prospective consumer.An
assistive device that is returned to a manufacturer by a consumer in this state
pursuant to NRS 597.2657 may not be sold or leased
in this state unless the reason for the return of the assistive device is
disclosed to the prospective consumer.

1. In addition to any other remedy
available to a consumer, a consumer may bring an action to recover any damages
caused by a manufacturer or dealer who violates any of the provisions of NRS 597.264 to 597.2667,
inclusive.

2. The court shall award to the prevailing
party not more than twice the amount of the damages, and costs, including
attorney’s fees and any equitable relief that the court determines is
appropriate.

NRS 597.270Definitions.As
used in NRS 597.270 to 597.470,
inclusive, unless the context requires otherwise, the words and terms defined
in NRS 597.280 to 597.380,
inclusive, have the meanings ascribed to them in those sections.

NRS 597.300“Franchise” and “franchise agreement” defined.“Franchise” or “franchise agreement” means a
written or oral agreement between a refiner and a retailer under which the
retailer is granted the right:

1. To use a trademark, trade name, service
mark or other identifying symbol or name owned by the refiner; or

2. To occupy premises owned, leased or
controlled by the refiner, for the purpose of engaging in the retail sale of
motor vehicle fuel.

NRS 597.305“Lessee dealer” defined.“Lessee
dealer” means a retailer who operates a service station pursuant to a franchise
agreement if the service station is leased to the retailer by the refiner with
whom the retailer has entered into the franchise agreement.

NRS 597.340“Refiner” defined.“Refiner”
means any person, including an affiliate, who:

1. Produced quantities of crude oil equal
to more than 30 percent of the domestic and imported crude oil supplied to his
or her refinery during the most recent calendar year for which information is
available;

NRS 597.380“Wholesale purchaser” defined.“Wholesale
purchaser” means any person who purchases motor vehicle fuel or other petroleum
products from a refiner or other wholesaler for distribution to service
stations or to individual or business consumers.

NRS 597.390Prohibited practices of refiners.A
refiner shall not, directly or indirectly or through any officer, agent or
employee:

1. Prohibit, directly or indirectly, the
right of free association among retailers or wholesale purchasers for any
lawful purpose.

2. Change or modify any restrictions upon
business activities of a retailer during the term of the franchise that are not
related to the sale of motor vehicle fuel or other petroleum products.

3. Unreasonably reduce, limit or curtail
the supply of motor vehicle fuel or other petroleum products to any retailer or
wholesale purchaser.

4. Place unreasonable restrictions upon
business activities of a retailer that are not related to the sale of motor
vehicle fuel or other petroleum products or upon any business activities of a
wholesale purchaser.

1. A refiner shall not fail to renew the
franchise of any retailer without fairly compensating the retailer at a fair
going business value for his or her capital investment if:

(a) The capital investment was entered into with
reasonable and prudent business judgment for the purpose of fulfilling the
franchise; and

(b) The cancellation or failure to renew was not
done in good faith.

2. For the purposes of this section,
“capital investment” includes, but is not limited to, tools, equipment and any
inventory of parts possessed by the retailer on the day of notification of
cancellation or nonrenewal and which are still in the retailer’s possession on
the day the cancellation or nonrenewal is effective.

NRS 597.410Required notice of termination, cancellation or failure to renew
franchise or contract.

1. Except as otherwise provided in
subsection 2 or 3, a refiner shall not, directly or indirectly, or through an
officer, agent or employee terminate, cancel or fail to renew a franchise or a
contract with a wholesale purchaser without first giving to the retailer or
wholesale purchaser written notice as follows:

(a) In case of cancellation or termination,
specifying all matters of claimed noncompliance with the agreement and allowing
the other party at least 30 days to comply with the terms of the agreement. If
the other party does not comply, the cancellation or termination is effective
on the date set forth in the notice.

(b) At least 30 days before the expiration of a
term of an agreement, specifying:

(1) All the reasons for any intention of
the refiner not to renew; or

(2) Any change in price, rent, terms or
conditions to which renewal of the agreement is subject.

2. If the alleged ground is voluntary
abandonment by the retailer of the franchise, or by the wholesale purchaser of
his or her contract, the written notice may be given 3 days before the
termination or cancellation.

3. If the alleged ground is the conviction
of the retailer of a crime punishable as a felony and related to the business
conducted pursuant to the franchise, termination, cancellation or failure to
renew may be effective immediately.

NRS 597.420Effect of failure to serve notice.The
failure of a refiner to serve notice upon a retailer or wholesale purchaser as
required in NRS 597.410 constitutes a grant of the
option by the refiner to the retailer or wholesale purchaser to renew the
franchise or contract for a period of 1 year under the same price, rent, terms
and conditions as the expiring agreement. The option expires 45 days after the
date when notice should have been served, unless exercised by written notice to
the refiner.

NRS 597.440Restrictions on refiner’s operation of service stations.On or after January 1, 2001, a refiner who
engages in the direct operation of:

1. Less than 30 service stations in this
state, with his or her own employees or through a subsidiary or commissioned
agent or a person on the basis of a fee, may commence the direct operation of
not more than 5 additional service stations per calendar year, but in no case
may the refiner commence the direct operation of more than 30 service stations
without complying with the provisions of subsection 2.

2. At least 30 service stations in this
state, with his or her own employees or through a subsidiary or commissioned
agent or a person on the basis of a fee, may commence the direct operation of
additional service stations per year, with his or her own employees or through
a subsidiary or commissioned agent or person on the basis of a fee, only if,
during the year in which the service stations are added, the refiner leases, in
addition to the number of service stations leased by the refiner to lessee
dealers on July 1, 1997, at least 1 additional service station to a lessee
dealer for every 2 directly operated service stations added. For the purposes
of this subsection, an additional service station leased by the refiner to a
lessee dealer before the refiner engages in the direct operation of at least 30
service stations shall be deemed to be 1 service station leased to a lessee
dealer during any year following the year in which the refiner engages in the
direct operation of at least 30 service stations.

NRS 597.450Temporary operation of service station by refiner; limitations
on temporary operation; price of motor vehicle fuel sold to other retailers.

1. If a refiner is unable to commence the
direct operation of a service station because of the restrictions set forth in NRS 597.440, the refiner may operate the service
station temporarily for not more than 180 days if:

(a) The retailer voluntarily terminates or agrees
not to renew the franchise for the service station; or

(b) The franchise for the service station is
terminated by the refiner pursuant to NRS 597.270
to 597.470, inclusive.

2. During the temporary operation of a
service station by a refiner, the refiner may sell motor vehicle fuel to other
retailers in the marketing area of that service station at a price not less
than 4 cents below the retail price of fuel at the service station the refiner
is operating.

(a) A person who purchases or contracts to
purchase, other than for purposes of resale, a motor vehicle normally used for
personal, family or household purposes.

(b) Any person to whom the motor vehicle is
transferred during the time a manufacturer’s express warranty applicable to the
motor vehicle is in effect.

(c) Any other person entitled by the terms of the
warranty to enforce its obligations.

2. Except as otherwise provided in this
subsection, “motor vehicle” has the meaning ascribed to it in NRS 482.075. The term does not include
motor homes or off-road vehicles except for the purposes of NRS 597.680.

NRS 597.610Report of defect in motor vehicle; duty of manufacturer.If a new motor vehicle does not conform to all
of the manufacturer’s applicable express warranties and the buyer reports the
nonconformity in writing to the manufacturer:

1. Before the expiration of the
manufacturer’s express warranties; or

2. No later than 1 year after the date the
motor vehicle is delivered to the original buyer,

Ê whichever
occurs earlier, the manufacturer, its agent or its authorized dealer shall make
such repairs as are necessary to conform the vehicle to the express warranties
without regard to whether the repairs will be made after the expiration of the
express warranty or the time described in subsection 2.

NRS 597.620Submission of claim to manufacturer for replacement or refund
according to designated procedure.If
the manufacturer has established or designated a procedure for settling
disputes informally which substantially complies with the provisions of Title
16 of the Code of Federal Regulations, Part 703, a buyer must first submit his
or her claim for replacement of the motor vehicle or for refund of the purchase
price under that procedure before bringing any action under NRS 597.630.

NRS 597.630Duties of manufacturer if motor vehicle cannot be conformed to
express warranties.

1. If, after a reasonable number of
attempts, the manufacturer, or its agent or authorized dealer is unable to
conform the motor vehicle to any applicable express warranty by repair or
correction and the defect or condition causing the nonconformity substantially impairs
the use and value of the motor vehicle to the buyer and is not the result of
abuse, neglect or unauthorized modifications or alterations of the motor
vehicle, the manufacturer shall:

(a) Replace the motor vehicle with a comparable
motor vehicle of the same model and having the same features as the replaced
vehicle, or if such a vehicle cannot be delivered to the buyer within a
reasonable time, then a comparable motor vehicle substantially similar to the
replaced vehicle; or

(b) Accept return of the motor vehicle from the
buyer and refund to him or her the full purchase price including all sales
taxes, license fees, registration fees and other similar governmental charges,
less a reasonable allowance for his or her use of the vehicle. A reasonable allowance
for use is that amount directly attributable to use by the buyer before his or
her first report of the nonconformity to the manufacturer, agent or dealer and
during any subsequent period when the vehicle is not out of service for
repairs. Refunds must be made to the buyer, and lienholder if any, as their
interests may appear.

2. It is presumed that a reasonable number
of attempts have been undertaken to conform a motor vehicle to the applicable
express warranties where:

(a) The same nonconformity has been subject to
repair four or more times by the manufacturer, or its agent or authorized
dealer within the time the express warranty is in effect or within 1 year
following the date the motor vehicle is delivered to the original buyer,
whichever occurs earlier, but the nonconformity continues to exist; or

(b) The motor vehicle is out of service for
repairs for a cumulative total of 30 or more calendar days within the time the
express warranty is in effect or within 1 year following the date the motor
vehicle is delivered to the original buyer, whichever occurs earlier, except
that if the necessary repairs cannot be made for reasons which are beyond the
control of the manufacturer or its agent or authorized dealer, the number of
days required to give rise to the presumption must be appropriately extended.

NRS 597.640Tolling of period for express warranties.For the purposes of NRS
597.600 to 597.670, inclusive, the running of
the time an express warranty is in effect or of any other period of time
described in those sections is tolled for the time during which services to
repair the motor vehicle are not reasonably available to the buyer because of a
war, invasion or strike, or because of a fire, flood or other natural disaster.

NRS 597.650Commencement of action by buyer.Any
action brought pursuant to NRS 597.600 to 597.630, inclusive, must be commenced within 18 months
after the date of the original delivery of the motor vehicle to the buyer.

NRS 597.660Waiver of rights by buyer prohibited.Any
provision in any agreement between the manufacturer or its agent or authorized
dealer and the buyer which provides that the buyer agrees to waive or forego
any rights or remedies afforded by NRS 597.600 to 597.630, inclusive, is void.

NRS 597.675Notification of manufacturer regarding change in residential
address.Any person entitled by
the terms of a manufacturer’s express warranty to enforce its obligations is
responsible for notifying the manufacturer of any change in his or her residential
address.

NRS 597.680Reimbursement by manufacturer for cost of repairs to conform vehicle
to express warranties.The
manufacturer shall reimburse its agent or authorized dealer for the cost of
repairs made to a motor vehicle to conform it to the manufacturer’s express
warranties. The reimbursement must be paid at the rate usually billed by the
agent or dealer to the general public for similar repairs.

1. A manufacturer, or its agent or
authorized dealer, who reacquires a motor vehicle pursuant NRS 597.630 that was registered in this State, or any
other state, the District of Columbia or any territory or possession of the
United States, or who assists a lienholder in reacquiring such a motor vehicle,
shall, before selling, leasing or transferring ownership of the motor vehicle
in this State or exporting the motor vehicle to another state for sale, lease
or transfer:

(a) Cause the motor vehicle to be retitled in the
name of the manufacturer;

(b) Request the Department of Motor Vehicles to
inscribe the certificate of ownership for the motor vehicle with the notation
“Lemon Law Buyback”; and

(c) Affix a decal to the motor vehicle in
accordance with subsection 6.

2. Any manufacturer who reacquires, or
assists a dealer or lienholder in reacquiring, a motor vehicle in response to a
request by the buyer or lessee that the motor vehicle be replaced or accepted
for a refund because the motor vehicle did not conform to express warranties
shall, before the sale, lease or other transfer of the motor vehicle, execute
and deliver to the subsequent transferee a notice and obtain the transferee’s
written acknowledgment of the notice in accordance with NRS
597.684.

3. Any person, including any dealer, who
acquires a motor vehicle for resale and knows that the motor vehicle was
reacquired by the manufacturer of the motor vehicle pursuant to NRS 597.630 shall, before the sale, lease or other
transfer, execute and deliver to the subsequent transferee a notice and obtain
the transferee’s written acknowledgment of the notice in accordance with NRS 597.684.

4. Any person, including any manufacturer
or dealer, who sells, leases or transfers ownership of a motor vehicle when the
certificate of ownership for the motor vehicle is inscribed with the notation
“Lemon Law Buyback” shall, before the sale, lease, or ownership transfer of the
motor vehicle, submit to the transferee a written disclosure signed by the
transferee stating that:

THIS VEHICLE WAS REPURCHASED
BY ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER
WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH
THE NOTATION “LEMON LAW BUYBACK.”

5. The requirements for disclosure set
forth in subsections 1, 2 and 3 are in addition to any other notice
requirements for consumers and do not relieve any person, including any dealer
or manufacturer, from complying with any other applicable law.

6. The decal required pursuant to
subsection 1 must be affixed to the left front doorframe of the motor vehicle
or, if the motor vehicle does not have a left front doorframe, in a location
designated by the Department of Motor Vehicles. The decal must specify that the
certificate of title to the motor vehicle has been permanently inscribed with
the notation “Lemon Law Buyback.” A person shall not knowingly remove or alter
any decal affixed to a motor vehicle pursuant to this subsection, regardless of
whether the motor vehicle is licensed pursuant to this chapter.

1. The notice required pursuant to
subsections 1, 2 and 3 of NRS 597.682 must be
prepared by the manufacturer of the reacquired motor vehicle and specify:

(a) The year, make, model and vehicle
identification number of the motor vehicle.

(b) Whether the certificate of title for the
motor vehicle has been inscribed with the notation “Lemon Law Buyback.”

(c) The nature of each nonconformity reported by
the original buyer or lessee of the motor vehicle.

(d) The repairs, if any, made to the motor
vehicle in an attempt to correct each nonconformity reported by the original
buyer or lessee.

2. The notice must be included on a form 8
1/2 x 11 inches in size and printed in a size equal to at least 10-point black
type on a white background. The form must only contain the following
information and be completed by the manufacturer:

WARRANTY BUYBACK NOTICE

(Check One)

/__/ This vehicle was repurchased by
the vehicle’s manufacturer after the last retail owner or lessee requested its
repurchase because of the problems listed below.

/__/ THIS VEHICLE WAS REPURCHASED BY
ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY
LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH THE
NOTATION “LEMON LAW BUYBACK.” Under Nevada law, the manufacturer must warrant
to you, for 1 year, that the vehicle is free of the problems listed below.

(a) Require, as a condition of the reacquisition
of the motor vehicle, a buyer or lessee who is a resident of this State to
agree to refrain from disclosing the problems with the motor vehicle
experienced by the buyer or lessee or the nonfinancial terms of the
reacquisition.

(b) Include, in any release or other agreement,
whether prepared by the manufacturer, importer, distributor, dealer or
lienholder, for signature by the buyer or lessee, a confidentiality clause, gag
clause or similar clause prohibiting the buyer or lessee from disclosing
information to any other person concerning the problems with the motor vehicle
or the nonfinancial terms of the reacquisition of the motor vehicle by the
manufacturer, importer, distributor, dealer or lienholder.

2. Any confidentiality clause, gag clause
or similar clause included in the release or other agreement in violation of
this section is void.

3. The provisions of this section do not
prohibit the inclusion within the release or other agreement any
confidentiality clause, gag clause or similar clause regarding the financial
terms of the reacquisition of the motor vehicle.

NRS 597.688Lemon Law Buyback: Civil action.A
person who incurs an injury or damages as the proximate result of a violation
of the provisions of NRS 597.682, 597.684 or 597.686 may
commence an action in a court of competent jurisdiction for the recovery of his
or her actual damages, costs and reasonable attorney’s fees and for any
punitive damages that the facts may warrant.

NRS 597.690Manufacturer required to remedy defects in vehicle related to
safety without charge.

1. Every manufacturer of a vehicle who
furnishes notification to the registered owner of the vehicle of any defect in
the vehicle related to vehicle safety shall, notwithstanding the limitations of
any warranty relating to such vehicle, correct such defect at the
manufacturer’s expense and without charge to the registered owner of the
vehicle if the vehicle is returned to any vehicle dealer franchised by the
manufacturer to market the vehicle, or, at the election of the manufacturer,
reimburse the registered owner for the actual cost of making such correction.

2. This section does not require a vehicle
dealer to make the required correction if the manufacturer has failed to make
available to the dealer the parts needed to make the correction.

(Added to NRS by 1973, 675)

NRS 597.710Unlawful to place certain transparent material upon windshield
or side or rear window of motor vehicle for compensation; exception.It is unlawful for a person, for compensation,
to place, install, affix or apply upon the windshield or side or rear window of
a motor vehicle any transparent material which alters the color or reduces the
light transmission of the windshield or side or rear window unless he or she
displays conspicuously in those areas of his or her place of business
frequented by persons seeking such services a sign, not less than 22 inches by
28 inches in size, setting forth in boldface letters the following:

STATE LAW PROHIBITS THE PLACEMENT OF
ANY MATERIAL ON A WINDSHIELD OR SIDE OR REAR WINDOW WHICH ALTERS THE COLOR OR
REDUCES THE LIGHT TRANSMISSION OF THE WINDSHIELD OR ANY SIDE OR REAR WINDOW OF
A MOTOR VEHICLE, EXCEPT THAT THIS PROHIBITION DOES NOT APPLY TO:

1. A WINDOW THAT
IS TO THE IMMEDIATE RIGHT OR LEFT OF THE DRIVER IF THE WINDOW IS:

(A) NONREFLECTIVE; AND

(B) HAS A TOTAL LIGHT
TRANSMISSION THROUGH THE COMBINATION, IF ANY, OF TRANSPARENT MATERIAL AND
SAFETY GLAZING OF NOT LESS THAN 35 PERCENT WITH A TOLERANCE OF 7 PERCENT.

2. A SIDE WINDOW
THAT IS TO THE REAR OF THE DRIVER, OR A REAR WINDOW, IF THE VEHICLE HAS OUTSIDE
MIRRORS ON EACH SIDE THAT ARE LOCATED SO AS TO REFLECT TO THE DRIVER A VIEW OF
THE HIGHWAY THROUGH EACH MIRROR FOR A DISTANCE OF NOT LESS THAN 200 FEET TO THE
REAR OF THE VEHICLE.

3. ANY
TRANSPARENT MATERIAL THAT IS INSTALLED, AFFIXED OR APPLIED TO THE TOPMOST
PORTION OF THE WINDSHIELD IF:

(A) THE BOTTOM EDGE OF
THE MATERIAL IS NOT LESS THAN 29 INCHES ABOVE THE UNDEPRESSED DRIVER’S SEAT
WHEN MEASURED FROM A POINT 5 INCHES IN FRONT OF THE BOTTOM OF THE BACKREST WITH
THE DRIVER’S SEAT IN ITS REARMOST AND LOWERMOST POSITION WITH THE VEHICLE ON A
LEVEL SURFACE; AND

NRS 597.711Definitions.As
used in NRS 597.711 to 597.7118,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 597.7112 to 597.7116,
inclusive, have the meanings ascribed to them in those sections.

NRS 597.7112“Children’s product” defined.“Children’s
product” means a consumer product that is designed or intended:

1. For the care of or use by a child under
12 years of age; or

2. To come into physical contact with a
child under 12 years of age at the time the product is used.

Ê For the
purposes of this subsection, “children’s product” does not include soap or any
medication, drug, food or other product that is intended to be ingested or that
is regulated by the Food and Drug Administration of the United States
Department of Health and Human Services.

NRS 597.7114“Retailer” defined.“Retailer”
means a person who, in the ordinary course of business, advertises, sells or
offers for sale, leases, sublets or otherwise distributes a new or used
children’s product to consumers in this State, including, without limitation,
thrift stores, second-hand stores and consignment stores.

NRS 597.7116“Warning” defined.“Warning”
means a communication which is about a health or safety hazard that a
children’s product poses to consumers and which is:

1. Directed to a retailer; and

2. Intended to inform the retailer about
the health or safety hazard, instruct the retailer to remove the children’s
product from the retailer’s inventory or provide the retailer with a method to
eliminate the health or safety hazard from the children’s product.

Ê For the
purposes of this section, “warning” does not include a communication which is
directed to consumers and affixed to the children’s product or any packaging
material for the children’s product or provided by the retailer to the consumer
as part of a transaction relating to the children’s product.

1. A retailer shall not advertise, sell or
offer for sale, lease, sublet or otherwise distribute a children’s product to
consumers in this State if the children’s product is:

(a) Subject to a recall notice issued by or in cooperation
with the United States Consumer Product Safety Commission or its successor
agency; or

(b) The subject of a warning issued by the
manufacturer of the children’s product or the United States Consumer Product
Safety Commission or its successor agency indicating that the intended use of
the children’s product constitutes a health or safety hazard, unless the
retailer has eliminated the hazard in strict compliance with any standards and
instructions that are provided in or related to the warning.

2. A retailer shall:

(a) Subscribe to or arrange to receive recall
notices and warnings issued by the United States Consumer Product Safety
Commission or its successor agency and manufacturers from whom the retailer
receives children’s products;

(b) Dispose of any children’s product identified
in a recall notice or a warning issued by or in cooperation with the United
States Consumer Product Safety Commission or its successor agency or the
manufacturer of the children’s product in strict compliance with disposal
instructions included with or related to the recall notice or the warning; and

(c) Comply strictly with instructions issued with
or related to a recall notice or a warning issued by the United States Consumer
Product Safety Commission or its successor agency or the manufacturer of the
children’s product for the return, repair, retrofitting, labeling or
remediation of any children’s product.

1. A person, including, without
limitation, a commercial user, shall not remanufacture, retrofit, sell,
contract to sell or resell, lease, sublet or otherwise place in the stream of
commerce a crib that is unsafe for use by an infant.

2. A crib is presumed to be unsafe if it
does not conform to the standards set forth in:

(a) 16 C.F.R. Part 1303;

(b) 16 C.F.R. Part 1508;

(c) 16 C.F.R. Part 1509; and

(d) The American Society for Testing and
Materials voluntary standards F966-90, F1169.88 and F406.

3. Cribs that are presumed to be unsafe
pursuant to subsection 2 also include, without limitation, cribs with one or
more of the following features or characteristics:

(a) Corner posts that extend more than 1/16 of an
inch;

(b) Spaces between side slats more than 2 3/8
inches;

(c) Mattress supports that can be easily
dislodged from any point of the crib;

(d) Cutout designs on the end panels;

(e) Rail height dimensions that do not conform to
the following:

(1) The height of the rail and end panel
as measured from the top of the rail or panel in its lowest position to the top
of the mattress support in its highest position is at least 9 inches; or

(2) The height of the rail and end panel
as measured from the top of the rail or panel in its highest position to the
top of the mattress support in its lowest position is at least 26 inches;

(f) Any screw, bolt or hardware that is loose or
not secured;

(g) Sharp edges, points, rough surfaces or any
wood surfaces that are not smooth and free from splinters, splits or cracks; or

(h) Tears in mesh or fabric sides.

4. For the purposes of paragraph (c) of
subsection 3, a mattress support is deemed to be easily dislodged if it cannot
withstand a 25-pound upward force from beneath the crib.

1. A commercial user who willfully and
knowingly sells, leases or otherwise places in the stream of commerce an unsafe
crib as described in NRS 597.7125 commits an
offense punishable by a fine not to exceed $1,000.

2. A person other than a commercial user
who willfully and knowingly sells, leases or otherwise places in the stream of
commerce an unsafe crib as described in NRS 597.7125
commits an offense punishable by a fine not to exceed $200.

1. The provisions of NRS 597.712 to 597.7126,
inclusive, do not apply to any antique or vintage crib if the antique or
vintage crib is:

(a) Not intended for use by an infant; and

(b) At the time of remanufacturing, retrofitting,
selling, leasing, subletting or otherwise placing in the stream of commerce, is
accompanied with a written notice provided by the commercial user stating that
the crib is not intended for use by an infant and that the crib is dangerous
for use by an infant.

2. A commercial user who complies with the
notice requirement in subsection 1 shall not be held liable for any death or
injury as a result of the use of an antique or vintage crib in a manner
inconsistent with the warning provided in the written notice.

3. As used in this section, “antique or
vintage crib” means a crib that is:

NRS 597.7128Civil remedies.In
addition to any other remedy provided by law, any person may maintain an action
against a commercial user who violates the provisions of NRS 597.7125, seek to enjoin the remanufacture,
retrofitting, sale, contract to sell or resell, lease or subletting of a crib
that is unsafe for an infant and seek reasonable attorney’s fees and costs.

2. “Reproduction” means a copy, in any
medium, of a work of art, that is represented as the work of art as created by
the artist.

3. “Work of art” means any original
creation of visual or graphic art in any medium including painting, drawing,
photographic print or sculpture of a limited edition of not more than 300
copies. The term does not include:

(a) Sequential imagery such as that in motion
pictures.

(b) Work prepared under contract for commercial
use by the purchaser.

(c) Work prepared by the employee of a publisher
during the course of his or her employment.

1. Claim authorship of his or her work of
art. The right to claim authorship includes the right of the artist to have his
or her name appear on or with his or her work of art.

2. Disclaim authorship of his or her work
of art if necessary to protect his or her reputation from damage. It is
presumed necessary for an artist to protect his or her reputation from damage
if his or her work of art is displayed, published or reproduced in this state,
without his or her consent, in a defaced, mutilated or altered form and damage
to his or her reputation is reasonably foreseeable.

NRS 597.740Restrictions on publication and public display; civil remedy;
defacement, mutilation or alteration of work.

1. Except as otherwise provided in
subsection 3, if damage to the reputation of an artist is reasonably
foreseeable, a person shall not, without the consent of that artist, publish or
display in public, in this state, the artist’s work of art or a reproduction of
the artist’s work of art, in a defaced, mutilated or altered form and represent
it as the work of the artist.

2. An artist who is injured by a violation
of subsection 1 may bring an action for damages, together with reasonable
attorney’s fees and the costs of the action as are authorized under NRS 18.110.

3. Defacement, mutilation or alteration of
a work of art which is caused by the passage of time or the inherent nature of
the materials used in the creation of the work of art does not give an artist
the right to disclaim authorship pursuant to NRS
597.730 or a cause of action under subsection 2, unless the defacement,
mutilation or alteration of the work of art is the result of negligent
conservation. For the purposes of this subsection, “conservation” means those
acts taken to preserve and protect a work of art or to slow its deterioration.

4. A change in a work of art that is an
ordinary result of a medium of reproduction does not constitute defacement,
mutilation or alteration.

1. When ownership of a work of art is
transferred from the artist who created it or his or her heirs, the right of
reproduction remains with the artist or his or her heirs until it passes into
the public domain by act or operation of law or is expressly transferred in
writing.

2. When an exclusive or nonexclusive right
of reproduction is transferred by the owner of such right, it must be presumed
that ownership of the physical work of art remains with the owner of the work
of art unless it is expressly transferred in writing with the right of
reproduction.

3. For the purposes of this section “right
of reproduction” means the right to reproduce, display and distribute copies of
a work of art. The term includes the right to prepare variations of the
original work of art.

NRS 597.761Definitions.As
used in NRS 597.761 to 597.7622,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 597.7612 to 597.7616,
inclusive, have the meanings ascribed to them in those sections.

NRS 597.7612“Operator” defined.“Operator”
means a person who is designated by the owner of a tanning establishment or by
the lessee of the tanning equipment of the tanning establishment to operate or
to assist and instruct in the operation and use of the tanning establishment or
tanning equipment.

NRS 597.7616“Tanning establishment” defined.“Tanning
establishment” means any premises, mobile unit, building or part of a building
where access to tanning equipment is provided for a fee, membership dues or any
other compensation.

NRS 597.7618Owner or operator: Duty to post notice in tanning establishment.An owner or operator shall post in a
conspicuous place in the tanning establishment a notice that states
substantially the following:

1. It is unlawful for the owner or
operator of a tanning establishment to allow a person who is less than 18 years
of age to use any tanning equipment.

2. An owner or operator of a tanning
establishment who violates any provision of NRS 597.761
to 597.7622, inclusive, may be subject to civil
action.

3. Any person may report a violation of NRS 597.761 to 597.7622,
inclusive, to any law enforcement agency.

4. Health risks associated with tanning
include, without limitation, skin cancer, premature aging of the skin and burns
to the skin.

1. An owner or operator shall post in a
conspicuous place in each area where tanning equipment is used a warning sign
that states substantially the following:

(a) Follow instructions.

(b) Avoid too frequent or too lengthy exposure.
Like exposure to the sun, use of tanning equipment can cause eye and skin
injury and allergic reactions. Repeated exposure can cause chronic sun damage,
which is characterized by wrinkling, dryness, fragility and bruising of the
skin and skin cancer.

(c) Wear protective eyewear. Failure to do so may
result in severe burns or long-term injury to the eyes.

(d) Medications and cosmetics may increase your
sensitivity to ultraviolet radiation. Consult a physician before using tanning
equipment if you are using medications, have a history of skin problems or
believe that you are especially sensitive to sunlight.

(e) If your skin does not tan when exposed to the
sun, it is unlikely that your skin will tan when exposed to this tanning
equipment.

2. An owner or operator who fails to post
a warning sign in accordance with subsection 1 shall:

(a) For the first violation, pay a civil penalty
of $250.

(b) For the second violation, pay a civil penalty
of $500.

(c) For the third or subsequent violation, pay a
civil penalty of $1,000.

1. A person who is qualified to operate
the tanning equipment and who is able to inform users about, and assist such
users in, the proper use of tanning equipment is present at the tanning
establishment during operating hours.

2. Tanning equipment is properly sanitized
after each use.

3. Each user, before he or she begins to
use tanning equipment, is provided with properly sanitized and securely fitting
protective eyewear that protects the wearer’s eyes from ultraviolet radiation
and allows enough vision to maintain balance.

4. Users wear the protective eyewear
described in subsection 3 when using tanning equipment.

5. Each user is shown how to maintain the
proper exposure distance from the tanning equipment as recommended by the
manufacturer.

6. A timing device which is accurate
within 10 percent of any selected time interval is used and is remotely located
so a user cannot set his or her own exposure time when using tanning equipment.

7. Tanning equipment is equipped with a
mechanism that allows the user to turn off the tanning equipment.

8. Each user is limited to the maximum
exposure time recommended by the manufacturer for his or her skin type.

9. A user is not allowed to use the
tanning equipment more than once in any 24-hour period.

10. The interior temperature of the
tanning equipment does not exceed 100 degrees Fahrenheit.

11. Acknowledgments signed by each user
indicating that he or she understands the notices and warnings prescribed by NRS 597.7618 and 597.7619,
and that he or she agrees to use protective eyewear, are retained for at least
1 year or until the user signs a new acknowledgment.

NRS 597.7621Action by parent or guardian of minor against owner or operator
for certain violations.

1. A parent or guardian of a person who is
less than 18 years of age may bring an action against an owner or operator if
the owner or operator violates NRS 597.7617.

2. In any action brought pursuant to this
section, if a parent or guardian of a person who is less than 18 years of age
establishes that the owner or operator violated NRS
597.7617, a court shall award the parent or guardian, in addition to costs
and reasonable attorney’s fees:

(a) For the first occurrence, $500.

(b) For the second occurrence, $1,000.

(c) For the third or subsequent occurrence,
$1,500.

3. Each instance in which an owner or
operator allows a person who is less than 18 years of age to use the tanning
equipment of the tanning establishment in violation of NRS
597.7617 constitutes a separate occurrence.

NRS 597.7622Exceptions.The
provisions of NRS 597.761 to 597.7622, inclusive, do not apply to any physician
licensed to practice medicine in this State who uses, or prescribes the use of,
a phototherapy device, or to any person who is prescribed the use of a
phototherapy device by a physician licensed to practice medicine in this State.

1. “Commercial use” includes the use of
the name, voice, signature, photograph or likeness of a person on or in any
product, merchandise or goods or for the purposes of advertising, selling or
soliciting the purchase of any product, merchandise, goods or service.

2. “Governmental agency” means the
Commission on Tourism of the Department of Tourism and Cultural Affairs and a
governmental entity in a county whose population is 100,000 or more that has as
a statutory purpose, power or duty the promotion of travel or tourism in this
state and that employs photographers full-time or by contract to take pictures
to promote travel and tourism, portray historical events or commemorate persons
or physical sites that are significant in the history of the state.

NRS 597.780Scope.The
provisions of NRS 597.770 to 597.810,
inclusive, apply to any commercial use within this state of a living or
deceased person’s name, voice, signature, photograph or likeness regardless of
the person’s domicile.

NRS 597.790Existence and term of right; written consent required for
commercial use; exceptions.

1. There is a right of publicity in the
name, voice, signature, photograph or likeness of every person. The right
endures for a term consisting of the life of the person and 50 years after his
or her death, regardless of whether the person commercially exploits the right
during his or her lifetime.

2. Any commercial use by another of the
name, voice, signature, photograph or likeness of a person requires the written
consent of that person or his or her successor in interest unless:

(a) The use is contained in material which is
commercially sponsored but the use is not directly connected with the
commercial sponsorship;

(b) The use is an attempt to portray, imitate,
simulate or impersonate a person in a live performance;

(c) The use is in connection with a news, public
affairs or sports broadcast or publication;

(d) The use is an attempt to portray, imitate,
simulate or impersonate a person in a play, book, magazine article, newspaper
article, musical composition, film, or a radio, television or other audio or
visual program, except where the use is directly connected with commercial
sponsorship;

(e) The use is in connection with an original
work of art except that multiple editions of such a work of art require
consent;

(f) The use is in connection with an
advertisement or commercial announcement for a use permitted by this
subsection; or

(g) The use is in connection with the efforts of
a governmental agency to promote travel and tourism in this state, portray
historical events or commemorate persons or physical sites that are significant
in the history of this state, except where the use is directly connected with
commercial sponsorship.

Ê For the
purposes of this subsection, the issue of whether a use is directly connected
with commercial sponsorship is a question of fact, to be determined by the
trier of fact in an action brought pursuant to NRS
597.810.

3. If a governmental agency intends to
have photographs taken at a public event for use pursuant to paragraph (g) of
subsection 2, the governmental agency shall, if practicable, announce or
otherwise inform the public, or request the sponsor of the event to announce or
otherwise inform the public, that photographs may be taken that can be used in
materials for the promotion of travel and tourism in this state without
permission from the person photographed.

NRS 597.800Transferability of right; commercial use upon death; rights of
successors in interest; registration of claim; fee.

1. The right of publicity established by NRS 597.790 is freely transferable, in whole or in
part, by contract, license, gift, conveyance, assignment, devise or
testamentary trust by a person or his or her successor in interest.

2. If a deceased person has not
transferred his or her rights as provided by subsection 1, and he or she has no
surviving beneficiary or successor in interest upon his or her death, the
commercial use of his or her name, voice, signature, photograph or likeness
does not require consent.

3. A successor in interest or a licensee
of a deceased person may file in the Office of the Secretary of State, on a
form prescribed by the Secretary of State and upon the payment of a filing fee
of $25, a verified application for registration of his or her claim. The
application must include:

(a) The legal and professional name of the
deceased person;

(b) The date of death of the deceased person;

(c) The name and address of the claimant;

(d) The basis of the claim; and

(e) A description of the rights claimed.

4. A successor in interest or a licensee
of a deceased person may not assert any right against any unauthorized
commercial use of the deceased person’s name, voice, signature, photograph or
likeness that begins before the filing of an application to register his or her
claim.

5. A person, firm or corporation seeking
to use the name, voice, signature, photograph or likeness of a deceased person
for commercial purposes must first make a reasonable effort, in good faith, to
discover the identity of any person who qualifies as a successor in interest to
the deceased person. A person claiming to be a successor in interest to a
deceased person must, within 6 months after the date he or she becomes aware or
should reasonably have become aware of an unauthorized commercial use of the
deceased person’s name, voice, signature, photograph or likeness, register a
claim with the Secretary of State pursuant to subsection 3. Failure to register
shall be deemed a waiver of any right of publicity.

6. The Secretary of State may microfilm or
reproduce by other techniques any document filed pursuant to this section and
thereafter destroy the original of the document. The microfilm or other
reproduction is admissible in any court of record. The Secretary of State may
destroy the microfilm or other reproduction 50 years after the death of the
person whose identity is the subject of the claim.

NRS 597.810Remedies for unauthorized commercial use; liability of owner or
employee of medium used for advertising.

1. Any commercial use of the name, voice,
signature, photograph or likeness of another by a person, firm or corporation
without first having obtained written consent for the use is subject to:

(a) Injunctive relief to prevent or restrain the
unauthorized use; and

(b) An action at law for any injuries sustained
by reason of the unauthorized use. In such a suit, the plaintiff may recover:

(1) Actual damages, but not less than
$750; and

(2) Exemplary or punitive damages, if the
trier of fact finds that the defendant knowingly made use of the name, voice,
signature, photograph or likeness of another person without the consent
required by NRS 597.790.

2. No owner or employee of any medium used
for advertising is liable pursuant to this section for any unauthorized
commercial use of a person’s name, voice, signature, photograph or likeness
unless it is established that the owner or employee had actual knowledge of the
unauthorized use.

NRS 597.812“Device for automatic dialing and announcing” defined.As used in NRS 597.812
to 597.818, inclusive, “device for automatic
dialing and announcing” means any equipment that:

1. Incorporates a storage capability of
telephone numbers to be called and utilizes a random or sequential number
generator producing telephone numbers to be called; and

2. Is used exclusively, working alone or
in conjunction with other equipment, to disseminate a prerecorded message to
the telephone number called to solicit a person at the telephone number called
to purchase goods or services.

1. Except as otherwise provided in
subsection 3 and NRS 597.816, a person shall not
use a device for automatic dialing and announcing to disseminate a prerecorded
message in a telephone call unless, before the message is disseminated, a
recorded or unrecorded natural voice:

(a) Informs the person who answers the telephone
call of the nature of the call, including, without limitation, the fact that a
device for automatic dialing and announcing will be used to disseminate the
message if the person who answers the call remains on the line; and

(b) Provides to the person who answers the
telephone call the name, address and telephone number of the business or
organization, if any, being represented by the caller.

2. A person shall not operate a device for
automatic dialing and announcing to place:

(a) A call that is received by a telephone
located in this State during the period between 8 p.m. and 9 a.m.; or

(b) A call-back or second call to the same
telephone number if a person at the telephone number terminated the original
call.

3. This section does not prohibit the use
of a device for automatic dialing and announcing to dial the number of and play
a recorded message to a person with whom the person using the device or another
person affiliated with the person using the device has a preexisting business
relationship.

NRS 597.816Additional exceptions to prohibition of use.The provisions of NRS
597.814 do not prohibit the use of a device for automatic dialing and
announcing by any person exclusively on behalf of:

1. A school or school district to contact
the parents or guardians of a pupil regarding the attendance of the pupil or
regarding other business of the school or school district.

2. A nonprofit organization.

3. A video service provider that provides
cable television or other video services to contact its customers regarding a
previously arranged installation of such services at the premises of the
customer.

4. A public utility to contact its
customers regarding a previously arranged installation of utility services at
the premises of the customer.

5. A facility that processes or stores
petroleum, volatile petroleum products, natural gas, liquefied petroleum gas,
combustible chemicals, explosives, high-level radioactive waste or other
dangerous substances to advise local residents, public service agencies and
news media of an actual or potential life-threatening emergency.

6. A state or local governmental agency,
or a private entity operating under contract with and at the direction of such
an agency, to provide:

(a) Information relating to public safety;

(b) Information relating to a police or fire
emergency; or

(c) A warning of an impending or threatening
emergency.

7. A candidate for public office,
committee advocating the passage or defeat of a ballot question, political
party, committee sponsored by a political party or a committee for political
action.

1. A person who violates any provision of NRS 597.814 is guilty of a misdemeanor.

2. If a person is found guilty or guilty
but mentally ill of, or has pleaded guilty, guilty but mentally ill or nolo
contendere to, violating any provision of NRS 597.814,
his or her telephone service to which a device for automatic dialing and
announcing has been connected must be suspended for a period determined by the
court.

NRS 597.820Profiteering in articles on which there is sales tax; penalty.

1. No person, dealer, firm, agency,
partnership, corporation, service station, garage, or business concern of any
kind, wholesale or retail, shall add to the selling price of any article of
merchandise, commodity, service or utility, motor part or accessory, tire,
gasoline or other motor fuel or lubricating liquid, or any article whatsoever
upon which there is or hereafter may be a sales tax, either federal or state,
when sold, offered or exposed for sale, trade or barter in this State, more
than the actual amount of such sales tax in the smallest unit under which any
of such articles is offered for sale or sold; provided, that where such sales
tax in case of units of any such merchandise or articles amounts to less than 1
cent, 1 cent and no more may be added to the price of the unit when sold.

2. A violation of the provisions of
subsection 1 shall be a misdemeanor.

1. If a federal or state tax is imposed on
an admission to or on a ticket sold for a public entertainment or amusement of
any kind in this state, it shall be unlawful to add to the price of the
admission or ticket more than the actual amount of the tax.

2. A violation of the provisions of
subsection 1 shall be a misdemeanor.

1. A person shall not hold a deposit for
the purchase of an item longer than the time specified in a contract between
the purchaser and the seller if the purchaser is entitled to the return of the
deposit.

2. A person who violates the provisions of
subsection 1 shall be punished by a fine of not more than the amount of the
deposit multiplied by the number of working days the deposit was retained after
return was due.

(a) “Merchandise” means any personal property,
capable of manual delivery, displayed, held or offered for sale by a merchant.

(b) “Merchant” means an owner or operator, and
the agent, consignee, employee, lessee, or officer of an owner or operator, of
any merchant’s premises.

(c) “Premises” means any establishment or part
thereof wherein merchandise is displayed, held or offered for sale.

2. Any merchant may request any person on
the merchant’s premises to place or keep in full view any merchandise the
person may have removed, or which the merchant has reason to believe the person
may have removed, from its place of display or elsewhere, whether for
examination, purchase or for any other purpose. No merchant is criminally or
civilly liable on account of having made such a request.

3. Any merchant who has reason to believe
that merchandise has been wrongfully taken by a person and that the merchant
can recover the merchandise by taking the person into custody and detaining the
person may, for the purpose of attempting to effect such recovery or for the
purpose of informing a peace officer of the circumstances of such detention,
take the person into custody and detain the person, on the premises, in a
reasonable manner and for a reasonable length of time. A merchant is presumed
to have reason to believe that merchandise has been wrongfully taken by a
person and that the merchant can recover the merchandise by taking the person
into custody and detaining the person if the merchant observed the person
concealing merchandise while on the premises. Such taking into custody and
detention by a merchant does not render the merchant criminally or civilly
liable for false arrest, false imprisonment, slander or unlawful detention
unless the taking into custody and detention are unreasonable under all the
circumstances.

4. No merchant is entitled to the immunity
from liability provided for in this section unless there is displayed in a
conspicuous place on the merchant’s premises a notice in boldface type clearly
legible and in substantially the following form:

Any merchant or his or her
agent who has reason to believe that merchandise has been wrongfully taken by a
person may detain such person on the premises of the merchant for the purpose
of recovering the property or notifying a peace officer. An adult or the
parents or legal guardian of a minor, who steals merchandise is civilly liable
for its value and additional damages. NRS 597.850, 597.860 and 597.870.

NRS 597.860Shoplifting: Civil liability of adult who steals merchandise
from or damages property on merchant’s premises.

1. An adult who steals merchandise from,
or damages property on, a merchant’s premises is civilly liable for the retail
value of the merchandise or the fair market value of the other property, plus
damages of not less than $100 nor more than $250, costs of suit and reasonable
attorney’s fees. An action may be brought even if there has been no criminal
conviction for the theft or damage.

2. An action under this section may be
brought as a small claim in a Justice Court if the total amount sought does not
exceed the statutory limit for such a claim.

NRS 597.870Shoplifting: Civil liability of parent or guardian of minor who
steals merchandise from or damages property on merchant’s premises.

1. The parent or legal guardian, as the
case may be, of a minor who steals merchandise from, or damages property on, a
merchant’s premises is civilly liable for:

(a) The retail value of the merchandise; and

(b) The fair market value of the damaged
property,

Ê plus damages
of not less than $100 nor more than $250, costs of suit and reasonable
attorney’s fees. An action may be brought even if there has been no criminal
conviction for the theft or damage. Recovery under this section may be had in
addition to, and is not limited by, any other provision of law which limits the
liability of a parent or legal guardian for the tortious conduct of a minor.

2. An action under this section may be
brought as a small claim in a Justice Court if the total amount sought does not
exceed the statutory limit for such a claim.

1. The owner of a facility for the storage
of personal property or a person acting on his or her behalf shall not
advertise that the facility is “climate controlled” unless the advertisement
specifies the range of the minimum and maximum temperature and humidity within
which the facility is maintained.

2. If an owner or a person acting on his
or her behalf fails to indicate the range of temperature and humidity of a
facility in any advertisement that refers to it as being “climate controlled”
or fails to maintain the temperature and humidity of the facility within the
advertised range, the owner is guilty of a misdemeanor and is liable to the
occupant for any damages that are caused to the occupant’s personal property as
a result of extremes in temperature or humidity, notwithstanding any contrary
provision in the rental agreement.

3. As used in this section, the terms
“facility,” “occupant,” “owner,” “personal property” and “rental agreement”
have the meanings ascribed to them respectively in NRS 108.4733 to 108.4748, inclusive.

NRS 597.900Sale of imitation Indian arts and crafts not clearly labeled as
imitation prohibited.

1. As used in this section:

(a) “Imitation Indian arts or crafts articles”
means those made by machine, or made either wholly or partially out of
synthetic or artificial materials, or articles which are not made by Indian
labor or workmanship.

(b) “Indian” means a person who is enrolled or
who is a lineal descendant of one enrolled upon an enrollment listing of the
Bureau of Indian Affairs, or upon the enrollment listing of a recognized Indian
tribe, domiciled in the United States.

2. A person shall not distribute, sell or
offer for sale in this state any imitation Indian art or craft articles unless
the articles are at all times clearly and legibly designated as imitation.

3. Only those articles bearing a
registered trademark or label of authentic Indian labor or workmanship may be
deemed authentic Indian arts or crafts articles.

4. Any person violating the provisions of
this section is guilty of a misdemeanor.

1. An informal merchant shall not offer
for sale or knowingly allow the sale of any new product that he or she knows or
reasonably should have known is stolen, has been recalled by the manufacturer,
has been adulterated, has not been maintained at the proper temperature, has an
expiration date that has passed, has been discarded by the manufacturer or a
retailer, is an inferior product if he or she does not clearly indicate such
inferiority, or has any other defect that makes the product ineffective for the
use for which it is purchased or that makes the product below the quality
expected by the consumer.

2. An informal merchant who violates the
provisions of subsection 1 shall be punished:

(a) If the sale of the product does not cause
substantial bodily harm to another person, for a gross misdemeanor.

(b) If the sale of the product causes substantial
bodily harm to another person, for a category C felony as provided in NRS 193.130.

3. Upon request of a peace officer, an
informal merchant shall provide reliable evidence of the legal acquisition of a
new product that the merchant is offering for sale. If it is determined that
the product was stolen and the informal merchant fails to provide such
evidence, an inference is created that the informal merchant knew or should
have known that the product was stolen.

4. As used in this section:

(a) “Informal market” means:

(1) A gathering at which:

(I) Two or more persons offer
personal property for sale or exchange;

(II) A fee is charged for the sale
or exchange of personal property; or

(III) A fee is charged for admission
to the area in which personal property is offered for sale or exchange; or

(2) A place at which personal property is
offered or displayed for sale or exchange on more than six occasions in a
period of 12 months,

Ê whether held
in a building, under cover or in the open air.

(b) “Informal merchant” means a person who does
not have an established retail store in the county and who transports an
inventory of goods to an informal market and displays the goods for sale,
offers them for sale at retail or sells them at retail.

(c) “New product” means any tangible good which
has never been used or which is in its original, unopened package or container.

(d) “Stolen” means taken unlawfully from or
without the permission of the owner, whether or not the person who took the
item is or has been prosecuted or convicted for the taking of the item.

NRS 597.940Restrictions on recording of account number of credit card as
condition to accepting check or draft; restrictions on recording of telephone
number as condition to accepting credit card.

1. Except as otherwise provided in this
subsection, a business shall not, without the customer’s consent, record the
account number of any of a customer’s credit cards on the customer’s check or
draft as a condition of accepting that check or draft. This subsection does not
prohibit:

(a) The business from requiring the customer to
produce reasonable forms of positive identification other than a credit card,
including, without limitation:

(1) A driver’s license;

(2) An identification card issued by the
Department of Motor Vehicles; or

(3) A consular identification card,

Ê as a condition
of accepting a check or draft.

(b) The business from requesting the customer to
display a credit card as an indicia of creditworthiness or financial
responsibility, if the only information recorded by the business concerning the
credit card is the type of credit card displayed, the issuer of the card and
the date the card expires.

(c) The business from requesting the customer to
record the account number of his or her credit card on the check or draft with
which payment on the credit card account is being made.

(d) The business from requesting the production
of or recording of the account number of a credit card as a condition of
cashing a check or draft if:

(1) The business has agreed with the
issuer of the credit card to cash the checks or drafts as a service to the
cardholders of the issuer;

(2) The issuer has agreed to guarantee any
such check or draft so cashed; and

(3) The cardholder has given actual,
apparent or implied authority for the use of his or her account number for this
purpose.

2. Except as otherwise provided in this
subsection, a business shall not, without the customer’s consent, record a
customer’s telephone number on the credit card sales slip as a condition of
accepting his or her credit card. This subsection does not:

(a) Prohibit the recordation of personal
identifying information required for a special purpose incidental to the use of
the credit card, such as the delivery, shipping, servicing or installation of
the purchased merchandise.

(b) Apply to a transaction in which the customer
receives a cash advance against his or her credit card or to a transaction
involving the use of preprinted spaces for personal identifying information
that the business accepting the credit card has a contractual obligation to
record in order to complete the transaction.

(c) Apply to a transaction in which the
customer’s purchase is made by the use of a device that electronically
authorizes the use of the credit card and processes information relating
thereto.

3. As used in this section, unless the
context otherwise requires:

(a) “Consular identification card” means an
identification card issued by a consulate of a foreign government, which
consulate is located within the State of Nevada.

NRS 597.945Restrictions on printing expiration date or account number of
credit card or debit card on receipt: Restrictions applicable to businesses
which accept credit cards or debit cards; penalties; enforcement.

1. Except as otherwise provided in this
section, if a business accepts credit cards or debit cards for the transaction
of business, the business shall not:

(a) Print the expiration date of the credit card
or debit card on any receipt provided to the cardholder;

(b) Print more than the last five digits of the
account number of the credit card or debit card on any receipt provided to the
cardholder; or

(c) Print more than the last five digits of the
account number of the credit card or debit card on any copy of a receipt
retained by the business.

2. This section:

(a) Applies only to receipts that are electronically
printed.

(b) Does not apply to transactions in which the
only means of recording the credit card or debit card number is:

(1) By handwriting the credit card or
debit card number; or

(2) By imprinting or copying the credit
card or debit card.

3. A business that violates any provision
of this section is liable for a civil penalty in the amount of $500. The
business must be given notice of the violation and 2 weeks to correct the
violation. A business that does not correct the violation within 2 weeks after
receiving notice of the violation is liable for an additional civil penalty in
the amount of $1,000 per week until the business corrects the violation, except
that the aggregate amount of civil penalties imposed on a business for
violations which occur on the same premises must not exceed $4,500.

4. A civil penalty imposed pursuant to
subsection 3 must be recovered in a civil action brought in the name of the
State of Nevada by the Attorney General or by any district attorney in a court
of competent jurisdiction. Any penalty collected pursuant to this section must
be paid to the State Treasurer for credit to the State General Fund.

5. The Attorney General or the district
attorney may bring an action in any court of competent jurisdiction in the name
of the State of Nevada against any business to restrain and prevent any
violation of this section. The court may issue an injunction for those purposes
without proof of actual damage sustained by any person.

6. A business that violates any order or injunction
issued pursuant to this section is guilty of a gross misdemeanor.

7. As used in this section:

(a) “Credit card” means any instrument or device,
whether known as a credit card, credit plate or by any other name, issued with
or without fee by an issuer for the use of the cardholder in obtaining money,
property, goods, services or anything else of value on credit.

(b) “Debit card” means any instrument or device,
whether known as a debit card or by any other name, that is issued with or
without a fee by an issuer for the use of the cardholder in obtaining money,
property, goods, services or anything else of value, subject to the issuer
removing money from the checking account or savings account of the cardholder.

NRS 597.947Restrictions on printing expiration date or account number of
credit card or debit card on receipt: Restrictions applicable to manufacturer
or supplier of device; penalty; enforcement.

1. A manufacturer or supplier of a cash
register or other machine or device that prints receipts for transactions in
which a credit card or debit card is used shall not provide, lease or sell for
the transaction of business any equipment that does not allow a business to
comply with the provisions of subsection 1 of NRS
597.945.

2. The Attorney General or the district
attorney may bring an action in any court of competent jurisdiction in the name
of the State of Nevada against any person to restrain and prevent any violation
of this section. The court may issue an injunction for those purposes without
proof of actual damage sustained by any person.

3. A person who violates any order or
injunction issued pursuant to this section is guilty of a gross misdemeanor.

1. Any person who receives unsolicited
goods, wares or merchandise offered for sale, but not actually ordered or
requested by him or her orally or in writing, is entitled to consider those
goods, wares or merchandise an unconditional gift, and may use or dispose of
them as he or she sees fit without obligation on his or her part to the sender.

2. The sender of unsolicited goods, wares
or merchandise must pay actual and reasonable expenses incurred by the
recipient:

(a) In returning the goods, wares or merchandise
to the sender; or

(b) In resisting attempts by the sender to
collect payment for the goods, wares or merchandise.

3. The sender of unsolicited goods, wares
or merchandise is liable to the recipient for any impairment of the credit of
the recipient caused by attempts by the sender to collect payment for the
goods, wares or merchandise.

4. The provisions of subsections 1, 2 and
3 do not apply to the following:

(a) Where delivery of goods, wares or merchandise
is by mistake in response to an order to the sender for other goods, wares or
merchandise.

(b) Where delivery is made by mistake to someone
other than a person who ordered goods, wares or merchandise from the sender.

(c) Where the sender has sent a substitute or
substitutes in response to an order for certain goods, wares or merchandise.

(d) Where someone has ordered a gift for another
from the sender, and the goods, wares or merchandise were sent directly to the
recipient of the gift.

(e) Where delivery of goods, wares or merchandise
is made by mistake to a member of a subscription-type plan (such as a book club
or record club) operated by the sender.

NRS 597.960Collection of fee for dishonored check accepted as payment for
goods or services.

1. A seller, or his or her agent, may
collect a fee of not more than $25 for each check which was accepted by the
seller as payment for goods or services and, upon presentment to the drawee,
was not honored because the drawer stopped payment on the check, the drawer
does not have an account with the drawee or the drawer does not have sufficient
funds in his or her account or credit with the drawee to cover the amount of
the check.

2. As used in this section:

(a) “Check” includes a draft or other negotiable
order for the payment of money on demand which is drawn on a bank or other financial
institution.

(b) “Drawee” means the person ordered in the
check to make payment.

(c) “Drawer” means the person who signs or is
identified in the check as the person ordering payment.

1. Except as otherwise provided in
subsection 2, a person may not sell at retail, offer for retail sale or
distribute for retail sale or promotion in this State a novelty lighter.

2. This section does not apply to the
transportation of novelty lighters through this State or the storage of novelty
lighters in a warehouse or distribution center in this State that is closed to
the public for purposes of retail sales.

3. The Attorney General or any district
attorney, on the request of the State Fire Marshal or on his or her own motion,
may bring an action in any court of competent jurisdiction in the name of the
State of Nevada to enjoin a violation of this section.

4. A person who violates this section is
guilty of a misdemeanor and shall be punished by a fine of not more than $500.
No sentence of incarceration may be imposed.

5. As used in this section, “novelty
lighter”:

(a) Means a mechanical or electrical device which
is typically used for lighting cigarettes, cigars or pipes that may operate on
any fuel, including, without limitation, butane, isobutene or liquid fuel, and
which:

(1) Is designed to resemble and reasonably
does resemble a cartoon character, toy, gun, watch, musical instrument,
vehicle, animal, food, beverage or other similar article that does not resemble
a standard disposable lighter; or

(2) Plays musical notes, has flashing
lights or has more than one button or function; and

(b) Does not include:

(1) A lighter manufactured before January
1, 1980;

(2) A lighter incapable of being fueled or
lacking a device necessary to produce combustion or a flame;

(3) Any mechanical or electrical device
primarily used to ignite fuel for fireplaces or for charcoal or gas grills; or

(4) Standard disposable lighters that are
printed or decorated, including, without limitation, through the use of a heat
shrinkable sleeve, with logos, labels, decals or artwork.

NRS 597.985Knowing manufacture, sale or distribution of certain products
containing Bisphenol A prohibited.A
person shall not knowingly manufacture, sell or distribute in this State any
bottle or cup which contains intentionally added Bisphenol A if the bottle or
cup is designed or intended to be filled with any liquid or food intended
primarily for consumption directly from the bottle or cup by a child who is
less than 4 years of age.

1. A person shall not knowingly
manufacture, sell or distribute in this State any baby food or infant formula
stored in a container which contains intentionally added Bisphenol A.

2. As used in this section:

(a) “Baby food” means any prepared solid food
consisting of a soft paste or is otherwise easily chewed and is intended
primarily for consumption by a child who is less than 4 years of age and is
commercially available.

(b) “Container” means any receptacle, including,
without limitation, a box, can, jar, or a lid, that comes in direct physical
contact with baby food or infant formula.

(c) “Infant formula” means any liquid or powder
that purports or is represented to be for special dietary use solely as a food
for infants by nature of its simulation of human milk or its suitability as a
complete or partial substitute for human milk.

NRS 597.995Limitations on agreements which include provision requiring
arbitration of disputes arising between parties.

1. Except as otherwise provided in
subsection 3, an agreement which includes a provision which requires a person
to submit to arbitration any dispute arising between the parties to the
agreement must include specific authorization for the provision which indicates
that the person has affirmatively agreed to the provision.

2. If an agreement includes a provision
which requires a person to submit to arbitration any dispute arising between
the parties to the agreement and the agreement fails to include the specific
authorization required pursuant to subsection 1, the provision is void and
unenforceable.

3. The provisions of this section do not
apply to an agreement that is a collective bargaining agreement. As used in
this subsection, “collective bargaining” has the meaning ascribed to it in NRS 288.033.